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OPIJV ION S 



ATTORNEYS GENERAL 



SCHOOL LAWS OF MINNESOTA, 



PREPARE© BY 



STATE SUPERINTENDENT OF PUBLIC INSTRUCTION. 



^hxR S?amfzkl£± is. Ike /zf^a/ze/^tif af ^chaaL QIiisti'-Lci 

J^CL. /^aiuitf o.f „ / ta be 8.afeh^. kefil 

b-ij. tJze t^Le^k. af the QI)Lsi^icL, cuzd cLelii^ei^ed ta fits, siiccesso^ 
ui office. 



PRESS PRINTING COMPANY. 
1869. 



7 5-6; 



STATE OF MINNESOTA, ^ 

Departmen't of Public Instruction, > 

St. Paul, Minn., June 1, 1869. ) 

Section thirty-eiglit, chapter thirty-six, general statutes of the state, . 
makes it the duty of the Superintendent of Public Instruction, from 
time to time, as he deems expedient, to cause to be published the de- 
cisions of the Attorney General upon the school laws, together w ith. 
the rules and regulations of this department, and distribute the same. 
In complying with the pi'o visions of the law I have deemed it proper 
to prepare for publication those decisions only which are made upon 
the school laws now in force, and those which are applicable to the 
same, though made upon laws now repealed. I have consequen tly 
omitted others which have become wholly obsolete by a repeal of the 
laws upon which they were given. It has seemed expedient in some 
instances, in order to save expense, to give only a portion of the pub- 
lished decision, especially when such a course would do no violence to 
the reasonings of that officer or lessen the value of the decision. As- 
these decisions are by law made binding, until annulled by the judg- 
ment or decree of a court of competent jurisdiction, they should be 
carefully studied by every school officer. 

I have also determined to publish herewith the school laws of the 
state, together with forms for the use of school officers. This pamph- 
let will be forwarded to the county superintendent of each county. 
This officer will deliver one copy to each county commissioner, county 
auditor, treasurer, and the clerk of each school district. The super- 
intendent will make distribution to the clerks of the several districts 
after filling blank on first page of cover. 

MAEK H. BUNNELL, 
Superintendent of Public lustruftion. 



OPiISf IONS 



OP THE 



ATTORNEYS GENERAL. 



ACCEPTANCE OF OFFICE BY SCHOOL OFFICERS. 

1 am in receipt of your favor, stating that prior to the Neglect to me 
receipt ot my opinion of Jan. 26, published on pa^e 22 J7 '"'* '^^*^' 

fT.. "^ T. . I'll 1 -I iiT ^ ^ . date orgamza- 

01 decisions, a district which has already held a meeting tion— sept. 12, 
and elected its officers, who were acting, but had neglect- ^862. AtfyGen. 
ed to file their acceptance, as prescribed by statute, held ^'''*" 
another meeting, called by three freeholders, and elected 
a new set of officers, and that both organizations still 
exist, each claiming legality for itself, and alleging error 
and irregularity in the other. 

The first organization was not irregular on account of 
the neglect of the officers to file their acceptance. That 
requirement as I have repeatedly held, was simply direc- 
tory. 

If the first was regular j it follows as a matter of course, 
that the second was not. 

I am aware of no provision of law which authorizes 
the calling of a meeting of the voters of a district already 
organized and having a board of school officers, by three 
freeholders. 

ACTION BY TEACHER AGAINST DISTRICT. 

I am in receipt of your favor of the 11th inst., stating Action against 
that a teacher was hired by a district in your county, to er— sep't^iri862 
teach a school for *the term of three months — that she AWy Gm.'coie. 
taught two weeks and ceased teaching for some reason not 



4 OPINIONS OF THE 

stated, but has twice offered to complete the contract, 
which the trustees have declined, and she now demands 
payment for the entire period of three months. 

In reply, I have to say, that at the expiration of the 
term for which she was employed, she may maintain an 
action against the district for the entire amount, if it ap- 
pears that the cessation of the school was occasioned by 
no fault on her part, and that she has always been ready 
and willing to fulfill her contract, unless the district can 
show that during the whole or a portion of the time, she 
was engaged in a similar emplojment, or was offered such 
employment and refused it. If so, this may be shown in 
reduction of damages. Costigan vs. Mohawk and Hud- 
son E. R. Co. 2 Denio 609. 

APPOETIONMENT OF SCHOOL FUND. 

Again you ask, had the commissioners in 1857 a right 
Cannot be made ^Q appoitiou the school fuud of the couuty on " Verbal 
tur^oot. IS, return " of the number ot minor children in the school 

\85S. Atfy Gen. districts? 

-^^■'^- To this I answer, no. Verbal returns are not contem- 

plated by sections 10 and 11 of page 146 of the revised 
statutes. Such a return to the commissioners, to be valid, 
must be a list which may be copied. Of course a mere 
verbal return is not " a list," nor can a copy be taken of 
it ; nothing less than a writing will do ; such a statement 
is not a legal return, and hence no division of money can 
be made upon it. 



I am in receipt of your favor enclosing certain in- 
quiries by school district officers in the town of Kenyon. 
The statements upon which I am asked to decide, are 
among^diltricts SO vaguc, coufuscd aud unccrtaiu that it is extremely dif- 
on basis of re-ficult, if not impossibls, to form a satisfactory opinion. 
turns^f district j^ jg g^j^-j ^j^^j. a ^^ ^j^g g^.g^ meeting uodcr the present 

166?. AtvyOm. school law, the management of the district was taken out 
Cole. Qf the hands of the old trustees and assumed by the 

new ones, that the old trustees got themselves aud the 
larger part of the territory of the town set off into a 
new district and got the district badly in debt," and I ani 
asked, 

1st. Whether district No. 87, being the remainder of 



ATTORNEYS GENERAL. 5 

the district, after the creation of the new district, ought 
to pay any part of the debt of the old district, by which 
I understand the indebtedness contracted by the town un- 
der the old law, and if so, what proportion ; and 

2nd. When the new district will be entitled to draw 
public money, (meaning the district created as aforesaid, 
I presume.) 

I answer, first : That all indebtedness contracted by the 
district under the law of 1861, is to be paid by the dis- 
trict as then constituted, and by section 24 of the present 
law, such districts are authorized to levy a special tax for 
that purpose. 

2nd. That when a new district is created out of a part 
of the territory of an old one, the remainder bearing the 
old name, constitutes the old corporation, retains all its 
property, powers, rights and privileges, and remains sub- 
ject to all its obligations. It continues seized of all its 
lands, possessed of all its property, including the public 
moneys apportioned to it, entitled to, all its rights of ac- 
tion and bound by all its contracts, and the new district 
is entitled to none of its property and bound by none of 
its obligations. 

Sec. 4, Mass. R. 384. 

Under section 24 of the present school law it is not 
necessary that a school should have been taught in a dis- 
trict to enable it to draw public money. At the next ap- 
portionment after the creation of a new district, it will be 
the duty of the auditor to treat it as any other district, 
and to apportion the public moneys to it in proportion to 
the number of scholars between 5 and 21, as shown by 
the report of its clerk. 

The county auditor is required to apportion the public 
moneys in October and March ; he is also required to make same-Apruio, 
his report to the State Superintendent in November. The ^^'^^- ^«'i/^«»- 
basis upon which only the apportionment of both county ^''^^' 
and state funds can be made, is the reports of district 
clerks. If these are delayed, the apportionment cannot 
be made, and the entire school system and finances of the 
state are thrown into confusion. 

If but one district of the county makes a report to the 
auditor, he can only report the number of scholars in that 
district as the quota of the count}^, and the State Super- 
intendent can only apportion to such 3ouuty the school 
money properly belonging to that district. Shall the dis- 
trict thus complying with the law be required to share a 



6 OPINIONS OF THE 

fund of which it has already had its just proportion among 
other districts who have occasioned the deficiency of the 
sum apportioned to the county by their own delinquency, 
or that of their officers, for which they are responsible? 
This certainly is not justice, nor is it within the spirit of 
the act. Any delay which does not affect the apportion- 
ment may be disregarded. So far the law is directory, 
but the absence of reports will justify the officer making 
apportionment in disregarding the delinquent districts, 
and school mone3's should be distributed by the county 
auditor to those districts which have entitled themselves 
to them by a report made in season to govern the action 
of the superintendent. 

In some states, the consequences of a neglect to report 
are fixed by law, in the absence of this I can see no alter- 
native between a failure of the law from want of power 
to enforce it and holding school district officers to a strict 
compliance. The provisions of the law are reasonable, 
easily understood, and nothing but wilfull misconduct or 
culpable negligence can ever deprive a district of its share 
of the fund under this ruling. I hold, therefore, that 
with the limitations which I have stated, the law is, in 
this particular, imperative. 



Same— Aprius, J am in receipt of your favor of the 7th inst., stating 
^^ote. "^ ^"' that " certain scholars resided in a school district when 
the October report was made, moved into another and at- 
tended school in yet another, and enquiring where they 
shall draw their school money under the March appor- 
tionment." 

Undoubtedly in the district in which they resided when 
the report was made. The October reports are the data, 
and the only data upon which all apportionments are or 
can be properly made. Section 24 declares that the au- 
ditor shall make the apportionment in proportion to the 
number of scholars in the district, between the ages of 5 
and 21, as shown hy the reports of the several districts. 
Our statutes make it the duty of the district clerks in 
,. ., October, in each year, to transmit to the county auditor a 

Same— Mar, 16 , ^ 

1866. AivyGm. Written repoit, showing the names of all persons, between 

Qoiniiu. the ages of five and twenty-one years, residing in their 

respective districts ; and it is made the duty of the county 

auditor, in November of each year, to report to the State 



ATTORNEYS GENEEAIi. 7 

Superintendent an abstract of the school district reports, 
and upon these abstracts, as reported, the State Superin- 
tendent, in February and August of each year, apportions 
the school money among the several counties. 

The counties only receive from the school fund an 
amount in proportion to the number of scholars actually 
reported, and it would be an injustice to those scholars 
and to the school districts reporting, to have their propor- 
tion of it reduced by an allowance to school districts not 
reporting Such an allowance would tend to defeat the 
object of the law, and I know of no authority given to 
the county auditor to make it ; on the contrary he is re- 
quired to apportion the money in the county treasury for 
the support of schools, in March and October of each 
year, among the several school districts of the county, 
according to the number of scholars as shown by the re- 
ports of the several districts, which reports are the same 
required to be made by the district clerks, between the 
1st and 15th of October of each year. The county audi- 
tor should require the correction of district reports im- 
properly made out and at once, in case it is not done, 
should make his own report to the State Superintendent 
conform to the actual facts of the case, stating the nature 
of the alteration. 

The meaning of the first two provisions of sec. 5, of Same-Feb. 2, 
chap. 36, revised statutes, is, that the county commission- '^s^'J-_^(t'y6en. 
ers have the power to create new school districts, change "** ^' 
the boundaries of districts or unite two or more districts, 
upon application of a majority of the legal voters of the 
territory affected thereby, and that at their next meeting 
they may change or modify their action at the preceding 
meeting, in such manner as they may deem just, upon the 
application of five or more voters of the district affected 
by the action of the commissioners at the preceding 
meeting, notice of such application having been duly 
posted, &c. 



Each school district clerk is required, between the first 
and fifteenth days of October in each year, to make and 
transmit to his county auditor a report stating among im^~^tfy'em'. 
other things, " the names of all persons residing in his comeii, 
district on the last day of September preceding the date 
thereof, between the ages of five and twenty-one years'' — 



8 opmiONS or the 

sec. 19, chap. 36, general statutes. The county auditor 
of each county is required, between the first and fifteenth 
of November in each year, "to report to the State Su- 
perintendent an abstract of the reports of the clerks of 
the several districts in his county." 

(Sec. 22 same chapter.) 

In February and August next succeeding the return of 
such abstracts by the county auditors, the State Superin- 
tendent makes his semi-annual apportionment of the 
school funds in the state treasury, among the several 
counties of the state, upon the basis of the resident schol- 
ars of the requisite ages therein, as disclosed by such 
abstract. 

(Sec. 44 same chap.) 

It will be seen from these provisions, that the State 
Superintendent takes as his basis for apportionment, 
the census of scholars made by the several school district 
clerks, between the first and fifteenth of October of the 
year next preceding his apportionment. Undoubtedly the 
same census must be taken by the county auditors in 
making their apportionment under section 24 of said 
chapter, among the several school districts of their respec- 
tive counties. Hence, in the making of their October 
apportionment, they will not regard the census taken by 
the school district clerks during that month, but the re- 
ports of October of the year next prior thereto. The 
proviso added to section 24 by chapter 2, of the general 
laws of 1867, removes all doubt, if any existed, as to this 
being the true construction of this section. 

BONDS OF SCHOOL OFFICERS. 

I am in receipt of your favor of the 13th inst., in- 
quiring, 

1st. When a new school district is orsranizecl is it au- 
_ thorized to exercise corporate powers as soon as it has 
proTC*^do^ not elected its officers and they have complied with the statute 
create vacancy- aud uot bcforc ? It IS authorized to act immediately upon 
August 17,1862. g^^l^ election; the provisions requiring the officers to 
y en, o e. q^^jj^y ^j,^ merely directory, and a school district may do 
many things before the qualification of its ofiicers. The- 
neglect to take an oath or file a bond will not, unless ex- 
pressly so declared, vitiate an election or render the act 
of the officers void. 



ATTORNEYS GENERAL. i) 

BOUNDARIES OF SCHOOL DISTRICTS. 

I am in receipt of your favor, stating that at a meeting 
of the county commissioners, a petition from a portion of 2^^^j3^g_ 
the inhabitants of a school district asking for a division of sept. u, ises. 
the district, and also to attach a strip one half mile wide ^«V<?«»^- ooie. 
in an adjoining township and district to one of the parts 
thus divided, and thus form two districts, was granted. 
It is further stated that a majority of the voters in the 
original district are opposed to the change, and that those 
who signed the petition from the district in the adjoining 
town did not propose to interfere with the division of the 
other district, but simply to indicate their assent to de- , 
taching a strip of one half mile in width from their dis- 
trict, and I am asked whether under these circumstances 
the decision can be sustained. 

The language of section 5, of the school law, is as 
follows : 

" The county commissioners shall have power to create 
new school districts, change the boundary of districts, or 
unite two or more disiricts whenever a petition signed by 
^ majority of the legal voters of the territory to he affected 
thereby shall be presented to them, requesting such organ- 
ization or change." It is a matter of no importance with 
what object any of the signers of the petition affixed their 
names, the sole question is, Have a majority of the legal 
voters of the territory to be affected thereby requested the 
change? If they have, the action of the commissioners 
is valid; if not, they acquired no jurisdiction, and the 
decision is a nullity. 

What then is the territory to be affected? Obviously, 
the two districts, from each of which a portion is to be 
taken. Not an acre of land can be taken from any dis- 
trict and attached to another Avithout diminishing the 
amount of taxable property of the one, and proportiona- 
bly increasing that of another. 

No scholar can be taken from one district and transfer- 
red to another without diminishino: the revenue of the one 
and enhancing that of the other. 

A majority of the legal voters of the territory compri- 
sing both districts as they exist before the division, is 
therefore a majority of the legal voters of the territory to 
be affected thereby. 
2 



10 OPINIONS OF THE 

I am in receipt of your favor of the 11th inst., inquir- 
aame-Feb. 19, i^g whether county commissioners have authority to or- 
1864. AtvyGen. gauize a ucw school district upon a petition signed by a 
^"^^^ majority of the legal voters of the entire territory affect- 

ed, or whether the law requires a petition signed by a ma- 
jority of the voters of each district so affected. 

The language is, "A majority of the legal voters of the 
territory to be affected thereby." 

This language seems capable of but one construction, 
— the petition may be signed by a majority of the legal 
voters of the entire territory. 

Had the legislature intended a majority of the voters of 
each district, they would have adopted the language used 
by the framers of the constitution with reference to coun- 
ties, viz : "A majority of the legal voters of the. district 
or districts to be affected therebj^" 

I am aware that the construction may seem to work 
hardship, by enabling a large and populous district to rob 
a small and sparsely settled one of a portion of its terri- 
tory and sources of revenue in defiance of the wishes of a 
majority of the voters of the latter. 

The discretion vested in the county commissioners will, 
however, enable them to protect districts from injustice, 
as they will derive the'iv jurisdiction from the petition of 
the majority of the voters of the territory, and will then 
judge of the propriety of the proposed change, and of 
course give its due weight to a remonstrance, signed by a 
majority of the voters of either district, although it may 
be a minority of the voters of the territory affected. 

Section 5, Title 1, Chapter 3&, Revised Statutes, pro- 
Districts formed vides that a petition for the alteration of a school district, 
from two coun- ^^q territory of which lies in two counties, shall be pre- 

[Iqq March 2 ^ 

186T. AWyGen. scuted to the board of county commissioners of each 
Coiviiie. county, of course for their concurrent action. It is there- 

fore necessary that the proposed alteration should be 
agreed to by each of the boards before it can take effect. 



It is well settled that county commissioners possess only 

Same-Aug. 21, such powcrs as are specifically conferred by statute, or are 

1S68. Att'yGen. ncccssary for carrying into effect powers expressly grant- 

Corneii. q^^ Amoug the powers granted to county commissioners, 

I find none authorizing them, in any way, to interfere 

with the territorial limits of independent school districts, 



ATTORNEYS GENERAL. 11 

'Created and organized under the provisions of title 3, of 
chapter 36, of the general statutes. Such districts are 
created in a manner entirely different from school districts 
organized under the provisions of title 1 of that chapter. 
The latter may be created and their boundaries changed 
by county commissioners in these cases and in the manner 
pointed out by section 5 of said title one, as amended by 
chapter eleven of the general laws of 1868. But the pro- 
visions of this section do not in any manner relate to in- 
dependent school districts. They are created and organ- 
ized by the electors of the territory to be affected, in the 
manner provided by title three, chapter 36, and without 
regard to any action of the county commissioners, who 
are powerless either to prevent or aid in the formation of 
such districts. And inasmuch as the right to change the 
boundaries of any such district when once formed, is not 
given to county commissioners in express terms, and as it 
cannot be claimed as a necessary incident to any power 
expressly granted, your first question is answered in the ^ 
negative. 

In regard to your second question, our statutes seem to 
be silent ; of course the conclusion necessarily follows, 
that no change can be effected in the limits of such a dis- 
trict otherwise than by legislative action. 

COUNTY SUPERINTENDENTS OF SCHOOLS. 

I am in receipt of your favor inquiring whether the 
county commissioners of any county which has adopted „ 

., •'. ,. ■'. ,*' •111 Powers of coun 

the system of county supermtendency, as provided by ty commission- 
chap. 1, of the session laws of 1864, cannot afterwards ers in relation 
return to the old system. isewir?!!' 

I think not. The policy, and indeed the legality of an c-ozl ^ 
act, the validity or adoption of which is made dependent 
upon the action of a particular locality, is very question- 
able ; and certainly the quasi power of legislation which 
is conferred upon towns and counties in such cases should 
not be enlarged by construction. 

The act in question depended for its operation in any 
county upon the action of such county through its com- 
missioners. When that action takes place, the law be- 
comes valid and operative in that county, and it is the law 
of and for such county. This being so, can a valid and 
operative law be changed or annulled by any other than the 
law-making power of the state? Clearly not. It would 



12 OPINIONS OF THE 

be intolerable, if the several boards of county commis- 
sioners are to be constituted petty legislatures with power 
to adopt one school system one year and another another. 
The vascillation and uncertainty which would result would 
be likely to throw the entire system into inextricable confu- 
sion. On the contrary, the law in question, like laws 
changing county lines, submitting for ratification to towns, 
a law authorizing the issue of town bonds, and all other 
laws of a similar character, becomes, upon its adoption 
by the commissioners, the law of the county, and can only 
be changed by legislative action. 



You present for my opinion two questions involving the 
construction of section 46, chapter 36, title 2, of the gen- 
eral statutes : 

First — At what time ought the county commissioners 
Same-May 20 ^^ ^^^ couuty electing to adopt the provisions of that 
1869. AtvyGen. title of the statutcs, to appoint a county superintendent? 
(hmeii. Clearly after their first appointment at their annual meet- 

ing in September. 

Second — After such election and first appointment, can 
the county commissioners in case of neglect to make an 
appointment at their annual meeting in September for the 
term commencing on the first day of January next suc- 
ceeding, make an appointment for that term on or after 
such first day of January, or does the then incumbent of 
the office hold over until the next year ? 

In such a case it cannot be claimed that any vacancy 
exists in the office under the provisions of section 2, chap 
ter 9 of the general statutes as amended last winter, so 
that no appointment could be made on that ground. Then 
the sole question remaining is this : Can the appointment 
be made to fill the regular term after that term has com- 
menced running ? 

I am quite clear that it cannot. The statute in unequi- 
vocal terms gives the power and makes it the duty of the 
commissioners to make the appointment at their annual 
meeting in September. The additional provision that they 
may so appoint " at any other time in case of vacancy,'^ 
would seem to exclude the idea that they may exercise 
this power at '< any other time," in any case except that 
of " a vacancy." Add to this the following clause of the 
same section : " Said officer shall enter upon the duties of 



ATTORNEYS GENERAL. 13 

his office on the first day of January succeeding his ap- 
pointment and hold the same for one year, and until his 
successor is elected and qualified ;" and it would seem that 
there is no chance for doubt in the construction of the 
statute. The conclusion is inevitable that the appoint- 
ment for the legular term cannot be made after that time 
has commenced running, and after the time fixed by law 
for the appointee to enter upon the discharge of the duties 
of the office, and that in such case the old officer may hold 
over and cannot be ousted until his successor is appoint- 
ed at the next annual meeting of the board in September. 

LEGAL VOTERS AND LEGALITY OF ORGANIZED MEETINGS. 

You inquire, first, who are legal voters at a school ^^^ ^^^ ^^ ^^ 
meeting? All persons residents of the district who would voters and legai- 
be legal voters at a town meeting or general election, are ityof a<younied 
legal voters at school meetings. '^AugTiS 

Second — Can an adjourned meeting, after adopting the ^tfy am. ooi- 
minutes of a former meeting, reconsider a vote of a for- ot'^^«- 
mer meeting held next before the vote is proposed to be 
reconsidered ? The fact of its having adopted or approv- 
ed the minutes of the former meeting has no bearing on 
the question. 

Fourth — Would the business transacted at an adjourn- 
ed meeting organized one hour and a half after the time 
specified in the adjournment, be binding on those that 
were not present? I do not sappose that a delay in the 
organization of the meeting would afiect the legality of it, 
provided it was the same meeting. An adjourned meet- 
ing is supposed to be already organized, as unless a chair- 
man and clerk have been acting at the previous meeting, 
it could not have been adjourned. Whether the action of 
the meeting is binding upon the school district depends 
upon the nature of the business transacted and the num- 
ber of voters assenting to it. 

NOTICES OF SCHOOL MEETINGS. 

Your favor of the 17th inst. is at hand, desiring my 
opinion as to the legality of a school district meeting held ticerahonid con- 
on the c- ay prescribed by law for the annual meeting, but tam-jane 21, 
without any previous notice. Section 15 of the school ^^^'^- ^»'v<^en. 



law makes it the duty of the clerk to give ten days' notice 
of such meeting, by posting three notices in conspicuous 



Cole. 



14 OPINIONS OF THE 

places in the district, and provides that at any annual 
meeting the legal voters present may act upon any matter 
properly before them, except the raising of money for 
building or purchasing a school house or fixing the site 
thereof, without its being particularly set forth in the 
call. 

So far as the matters embraced by the clause in italics 
are concerned, the notice is of the essence of the thing, 
and no money can be legally raised, or any tax levied for 
the purposes mentioned, without the notices have been du- 
ly posted, setting forth the intention to take action there- 
on, but for all other purposes this requirement is merely 
directory, and the meeting, so far as the election of offi- 
ceis is concerned, or any other business not required to 
be particularly set forth in the call, is legal and valid. 
Same-June 14, In your Communication of the 24th inst. , you state that 
1862. AttyGen. one of the districts in your county met on the first Tues- 
^"^^^ day of May for organization and the election of officers, 

pursuant to sec. 7 of the act of March 10th, 1862, but 
that no notices of such meeting were published as required 
by section 19 of the same law, and you inquire whether 
under such circumstances the district is legally organized. 
There can be no doubt of it I think. The provisions of 
that section are merely directory, with the exception ot 
the clause in italics. 

Unless such notices were posted, and the intent to raise 
money for building or purchasing a school house, or fix- 
ing a site thereof, were particularly set forth no tax could 
be legally levied for such purposes, and if levied, could 
not be collected. 

But for other purposes, as the organization of the dis- 
trict and the election of officers, the omission does not in- 
validate the proceedings. See Merchant vs. Langworthy. 
In reply to your favor, I have to say that school officers 
Same-May 8, are elected on the last Saturday of March, and that a 
Cole. ^ school district meeting cannot, except upon the formation 
of a new district, be called by notices by legal voters of 
the district. All meetings should be called hj the clerks. 
A request signed by five freeholders, filed with him, jus- 
tifies him in calling such meeting. 

EESIDENCE OF SCHOLARS. 

Your favor is at hand, containing the following in- 
quiry : 



ATTORNEYS GENERAL. 15 

"Can a resident property-holder and tax-payer of a 
school district receive into his family a person of suitable f^hofaM-Feb 
age to attend school, and for a single term or longer have 2, ises. Atfy 
the right to send such person to the school in his district ^^^- ^°^^- 
without paying tuition ?" 

Section 33 of chapter 1, laws of 1862, vests a discre- 
tion in the trustees in regard to the admission of scholars 
fr.om an adjoining district, and declares that no person 
shall have a right to attend school out of his district with- 
^ out the consent of the trustees of the district to whose 
school he desires admission. 

The question submitted by you, doubtless depends some- 
what upon the intention of the scholar ; while a parent 
could not, for the colorable purpose of evading the law, 
send his children to board in another district for the mere 
object of attending school, I entertain no doubt that a 
scholar actually and in good faith domiciled in a family in 
the district, would be entitled to the benefits of the school 
without regard to the residence of his parents. 

STUDIES TO BE PURSUED. 

Your favor of the 30th ult. , is at hand enquiring whether 
the trustees are required by the school law to cause schools 
to be taught in the English language. The law does not English studies 
contain any explicit clause on the subject, because no such -Ju'y 1. 1862. 
question could have been anticipated. The objects of the ^"'^^^«- ^''^^' 
law furnish an answer quite as conclusive as any language 
could have afforded. The stability and permanence of a 
government like ours depend mainly upon the wide- 
spread dissemination of education and intelligence among 
the people, and the system of common schools is the in- 
strument by which this desirable end is attained ; but the 
formation of citizens, who shall become indentified with 
the prosperity of the state, familiar with its laws and insti- 
tutions, and interested in their preservation, can only be 
obtained by a system of instruction in the language in 
which those laws are framed and the government adminis- 
tered. 

It is the policy of the government to eradicate as far as 
possible all national differences, and to merge all classes 
of citizens in one, having similar habits of thought, the 
same interest in the welfare of the state, and using the 
same language. If each class of foreigners upon settling 
in the country, were to be taught at the public expense in 



16 OPINIONS OF THE 

their native language, and allowed to remain in ignorance 
of the English, the knowledge thus imparted, however 
useful to the student, would be useless to the state, and 
they would necessarily remain in ignorance of those mat- 
ters chiefly in which alone the public interests require that 
they shall be instructed. 

Sec. 29 of the school law prescribes those branches of 
study which are to be taught : in our common schools the 
languages are not included. That those branches are to 
be taught in the English language, it requires no argu-» 
ment to prove, and the books prescribed for the use of 
schools are English books. 

The government has 3'et to exist which will expend the 
contents of its treasury to the neglect of its own language, 
in educating its citizens in the language of a foreign coun- 
try whose institutions and laws are at variance with its 
own. 

WTIO ARE SCHOLARS. 

In answer to your inquiry of this date, with reference 

to the power of school district trustees to exclude children 

ars— s^eptfie,' of African blood from a participation in the benefits of the 

isei. Att'y Gen. common school system, I have looked in vain for any 

clause in the school law conferring any such power either 

expressly or by implication. 

.The moneys in the treasurj' of the county are to be ap- 
portioned among the respective districts in proportion to 
the number oi persons between the ages of five and twen- 
ty-one. 

The superintendent is authorized to expel scholars from 
the school during the current term for "gross immoral- 
ity, profanity, infectious disease, or habitual uncleauli- 
ness." 

This enumeration of specific cases authorizing expul- 
sion upon familiar principles, excludes all others. 

I am of the opinion that all persons within the ages 
prescribed by section 41 of the school law, without dis- 
tinction of color or nationality, are legally scholars of the 
districts in which they reside and entitled to the benefits 
of the system ; that no one but the superintendent has any 
authority to expel a scholar or in any manner prevent his 
enjoyment of the advantages which the system is intend-, 
ed to secure, and he only, in the cases expressly enume- 
rated in section 56. 

The association of scholars of different colors, national- 



Who are schol- 



Gole. 



ATTORNEYS GENERAL. 17 

ities, &c., in the common schools, is perhaps more a mat- 
ter of taste than anything else, and certainly is not pro- 
hibited by any fundamental principles of law, or by any 
peculiarities of our institutions. 

If the universal dissemination of intelligence is desir- 
able and is the great end sought to be attained, it would 
seem that the recognition of the distinction contended for 
would rather defeat than promote the object of the fram- 
ers of law. If prejudices against this class of our popu- 
lation exist to any serious extent, it will be necessary for 
the legislature to enact an express provision upon the 
subject. The common law knows no distinctions of the 
character referred to. 

The error into which the complaining parties in the case 
have fallen probably originated in the idea that, by the 
celebrated decision in the case of Dred Scott, persons of 
African descent are not to be regarded as citizens. This 
idea is perhaps strengthened by the partial recognition of 
that doctrine contained in article 7th of the constitution. 
The mistake lies in supposing that our school system is 
confined in its operation to citizens of the state. On the 
contrary, &\\ persons resident in the state are, by the lib- 
eral terms of the law, brought within its purview and 
guaranteed the advantages secured by its provisions, al- 
though in other respects prohibited from exercising all the 
rights appertaining to full and complete citizenship. 



SCHOOL LAWS OF MINNESOTA, 



Chapter XXXVI, Revised Statutes as amended by the: 
Legislatures ofl^Ql, 1868 and 1869. 



EDUCATION. 

Bection 1. — Sub-districts declared school districts. 

2. — District may hold title of lands. 

3. — Duty of trustees in reference to title of lands. 

4, — Districts to be numbered. 

5. — Commissioners may create school districts or unite districts, under certain) 
provisos. 

6. — How school district may be changed. 

7. — Who to be district officers— term of olfice — new districts — how organized* 

8. — Officers, on election, to file notice of acceptance. 

9. — Penalty for refusing to serve, 
10. — Wtom to constitue board of trustees. 

11. — Members of boarl to visit schools at certain times. j 

12.— The board to hire teachers. M 

13. — Directors to prjvide fuel and perform other duties. 
14. — Duties of treasurer. 
15. — Treasurer to give bonds. 
16. — Treasurer to report in writing. 
17. — Duties of clerk . 
18.— Further duties of clerk. 

19. — Clerk to make report in writing on various matters. 
20. — Clerk to draw orders on treasurer, 
21. — Further duties of clerk. 
22,— Duty of county auditor, 
23. — Failure of clerk— how punished. 
24. — Auditor to apportion school funds — when, 
25. — County treasurer to pay over school funds. 



I 



SCHOOL LAWS OP MINNESOTA. 

26. — Power of voters. 

27. — Taxes, how levied. 

33. — Teachers to procure register. 

34. — Teachers, how paid. 

35. — Commissioners may levy tax for school purposes. 

86. — School lands to be exempt from taxation. , 

37. — Legal questions, how settled. 

38.— Duty of superintendent. 

39.— School districts to report to auditor. 

40, — "Who to be superintendent of public instruction't. 

41. — Superintendent to report to legislature. 

42.— When report to be prepared. 

43.— Further duties. 

44. — ^Apportionment of school funds. 

49. — Duties of superintendent. 

50.— Further duties. 

51. — Examination of teachers, how conducted, 

62. — Counties electing superintendent, how regulated, 

53. — Compensation of superintendent. 

54.— How independent school districts organized. 

55. — Written notices to be posted. 

56. — Duties of electors. 

57, — Provides for election, 

58. — Directors to form a body corporate. 

59.— Duty of directors. 

60. — Members of board not to receive compensation. 

61. — What to constitute a quorum. 

62. — Vacancies, how provided for. 

63.— Superintendent to visit schools. 

64. — President and clerk to file acceptance of office. 

65, — Duties of clerk. 

66.— Records to be kept. 

67.— Treasurer to give bonds, his duties. 

68. — Provides for holding meeting. 

69.— Provides for pui chase of land, etc. 

70. — ^Powers of board of education. 

71. — Schools, how long kept in operation. 

73. — Further duties of board. 

74 — Taxes , how levied. 

75.— Repeals inconsistent acts. 

76.— This title not to be affected. 

77, — Trustees may prosecute actions in certain cases. 

78. — How actions brought. 

79. — How process served. 

80.— Judgments, how recovered. j- 

81.— Judgments not satisfied, what to be done. 

82.— Trustees to provide for payment of judgment. 

83.— If judgment not paid, execution may be levied. 



20 SCHOOL LAWS OF MINNESOTA. 

TITLE I. 

COMMON SCHOOLS. 

Section 1. Every sub-district now organized, or that 
has been set oif.as a sub-district, but not organized in any 
Glared slhwi ^' couuty of this statc, and each district hereafter organized 
diatricts. under the provisions of this title, is hereby declared to be 

a school district and body corporate b}^ the name and style 
of school district number in the county of , and! 

by such name may contract and be contracted with, sue 
and be sued in any of the courts of this state having; 
competent jurisdiction. 
To hold .title of 8sc. 2. Every such district shall hold, in the corporate 
lands. name of the district, the title of lands and other property 

now held, or which may hereafter be acquired for school 
district purposes in such district. 

Sec. 3. When the title of lands or other property held 
Dutyof trusteee ^^^ gchool purposes is in doubt, or is vested in other par- 

ID. r6iGr6iic© to ^ ■*■ 

title of lands, tics than thosc prescribed in the preceding section, the 
trustees of the district in which such property is situated 
shall procure the title to such lands or other property to 
be vested as provided therein. 
Districts to te Sec. 4. The several districts in each county shall be 
numbered. numbered by the county auditor in regular order from 
number one upwards, and their description and bounda- 
ries shall be clearlj' given and well defined, a record of 
which, and of all the alterations made from time to time, 
shall be made in the office of the county auditor. 

Sec. 5. The county commissioners of the several coun- 
ties of the state may create new school districts, change^ 
As amendediby the boundaries of districts, or unite two or more districts, 
Actapprovea _ -^hencver a petition signed by a majority of the freeholders 
who are legal voters of the territory to be affected there- 
by, is presented to them, requesting such organization or 
change. But in creating school districts the count}'- com- 
missioners shall confine each district to its own town as far 
as practicable ; Provided, That the county commissioners 
before final action be had upon any petition for the forma- 
tion or change of anv district, shall cause a notice to be 
posted in at least three of the most public places of the 
territory to be affected, and also a copy of the same to be 
served uponihe clerk of said district to be thus affected, at 
least ten days before the time of hearing such petition, that 
a hearing of all the parties interested will be guaranteed 



SCHOOL LAWS OF MINNESOTA. 21 

at the next session of the board. Such notice shall state 
when the session will commence at which such hearing 
shall be had, and shall also set forth the substance of the 
petition. Provided further ^ That upon a petition of any 
legal voter to said commissioners stating that it is the de- 
sire of the petitioner to be set off from the district in which 
he then is, to some district adjoining the same which petition 
shall show that the petitioner is a resident of, and a free- 
holder in the district Irom which he desires to be set off, and 
also the reason for the same, which petition shall be verified 
by the oath of the petition to the effect that the statements 
therein contained are true to the best knowledge and belief 
of the party making the same ; then said commissioners 
may change the boundaries of the district in which said 
petitioner then resides, so as to set him off in some other 
district adjoining the same whenever it shall seem just and 
proper to do so ; Provided also, That any five or more 
voters who are freeholders residing in the district who 
may feel aggrieved by the alteration, change, or organiza- 
tion of their district, may apply to the county commis- 
sioners for a rehearing at the succeeding session thereafter 
by posting a notice of such application in three conspicu- 
ous places in the district, at least ten days before said 
session, on due proof of which said commissioners shall 
then consider the complaint and make such order in the 
premises as justice requires . Provided further, That when 
the district so to be formed or altered consists of territory 
in two or more counties, the aforesaid petition shall be 
presented to the commissioners of said counties, who shall 
cause the order for the formation or alteration of such dis- 
trict to be filed in the office of the county auditors of their 
respective counties, and said auditors shall deliver a copy 
of such order to the clerk of the district. When a tax is 
voted by such district the clerk shall transmit to the county 
auditor of each of the counties, a statement of the amount 
so voted. The said auditors shall thereupon transmit dach 
to the other an abstract of the assessment in that part of 
the district in their respective counties, and shall levy the 
amount required in proportion to the amount of property 
in that part of the district situated in their respective coun- 
ties. The money arising from such assessment shall be 
drawn by the district treasurer from the county treasurer 
of each county in which the district is situated. The 
number of scholars in each fraction of the district shall be 
returned to the auditor of the county in which said por- 



22 SCHOOL LAWS OF MINNESOTA. 

tion of the district is situated, and all moneys apportioned 
shall be drawn by the district in the same manner as when 
the district is in one county. 
School districts ^^^' ^' School districts shall be created and changed 
—how created, by an Order in writing setting forth the bounds thereof, 
and signed by the county auditor. Such order shall be 
recorded in the office of the county auditor, and a certi- 
fied copy of such order delivered to the clerks of the sev- 
eral districts affected upon application to the county aud- 
itor. 
Officers of dis- Sec. 7. The officers of each district shall consist of a 
trict. director, treasurer and clerk, who shall be elected on the 

last Saturday of March in each year, and shall hold their 
offices until their successors are elected and qualified ; but 
when a new district is formed under the provisions of this 
. title, a meeting for organization may be called by a notice 
signed by three freeholders or householders residing 
within the limits thereof ; said notices to be posted in five 
conspicuous places in the district ten days before such 
meeting is called, and the meeting so called shall have the 
same powers as annual meetings. 
To file accept. Sec. 8. All pcrsous elected as district officers under 
^'^^' this title, shall within ten days after notice thereof by the 

clerk, file their acceptance of the same in the office of the 
district clerk. 

Sec. 9. Every person duly elected to and accepting 
Penalty for re- ^-^^ office of dircctor, treasurer or clerk of any school dis- 

fusing to serve. . iini " ii- 

trict, who shall neglect or reluse to enter upon the duties 
of his office and serve therein faithfully, shall forfeit the 
sum of ten dollars to the use of said district, which may 
be collected by action before any justice of the peace in 
the county, to be prosecuted by the director of the dis- 
trict, or b} any legal voter therein. 

Sec. 10. The director, treasurer and clerk of each 

district shall constitute a board of trustees, and in that 

tTte°b?arrof ' ^^P^*^^^y havc the general charge of the interests of 

trustees-duties schools and school houscs in their district ; shall lease or 

of said board, purchase, in the corporate name of the district, a site for 

a school house designated by a majority of the legal voters 

of the district; shall build, hire or purchase a suitable 

school house out of the funds provided for that purpose ; 

As amended by ^nd whcu directed by a majority of the qualified voters at 

March^2!'i868. ^^7 l^gal meeting of the district, may sell or exchange 

any such site or school house ; and it shall be the duty of 

said board of trustees, when such school district shall have 



SCHOOL LAWS OF MINNESOTA. 23 

'determined, by a majority of qualified voters at any legal 
meeting thereof, to open more than one school, to grade 
said schools so determined to be opened, assigning to 
each school its proper grade of scholars. 

Sec. 11. Each member of the board of trustees shall Duties of trua- 
visit the school at least once in each term, and give such ''^®*" 
advice to the teachers as may be for the benefit ot the 
school, and said trustees shall submit to the legal voters 
of their district, at their annual meeting, an estimate of 
the expenses of the district for the coming year, includ- 
ing in their estimate a school for at least three months, 
and all things necessary for such a school. 

Sec. 12. The board of trustees shall hire for and in 
the name of the district such teachers as have procured a As amended by 
certificate of qualification, and make a contract with such ^** ^'pp'^°^®'^ 
teacher, specifying the wages per month and time employ- ^^'^ ' 
•ed as agreed upon by the parties, and file such contract 
in the office of the clerk ; provided^ that the term month, 
whenever it occurs in any section in this act, shall be con- 
strued to mean four weeks of five days each. 

Sec. 13. The directors shall provide fuel for the 
schools of the district, if the district make no provision 
for fuel at their annual meeting; shall furnish all things J"*^**' **^ '^''"- 

^ o tors 

necessary for the school house during the time a school 
shall be kept therein ; appear for and in behalf of his 
district in all actions brought by or against his district, 
whenever no other direction is given by a lawful meeting 
of the legal voters thereof. Provided, That if the dis.trict 
has a library, the board of trustees may appoint a librarian, 
and make all needful rules for its circulation, preservation 
and increase. 

Sec. 14. The treasurer of each district shall receive 
and pay out all moneys appropriated to or belonging to ^"^^^^^ °^ *'®*^' 
his district and keep an accurate account of the common ^^' 
school fund and of the district fund raised by tax. 

Sec. 15. The treasurer of each district shall execute ^^.g^g^y^j. ^^ 
a bond to the district in double the amount of money, as give bonds. 
near as can be ascertained, which will come into his hands 
; as treasurer, during the year, with sufficient surety to be 
approved by the director and the clerk, conditioned for 
the faithful discharge of his duties. Such bond shall be 
filed with the clerk of the district, and in case of any breach 
of any condition thereof, the director shall cause an action 
to be commenced thereon, in the name of the district, 
and the money when collected shall be applied to the use 



24 SCHOOL LAWS OF MINNESOTA. 

of the district. The treasurer failing to give a bond pro- 
vided herein, or for any other cause being unable to attend 
to his duty, the director and the clerk of the district shall 
proceed to appoint another treasurer, who shall give bond 
as required herein. Provided, That in case of any vacancy 
in the board of trustees, the vacant office shall be filled by 
the remaining trustees. 

Sec. 16. The treasurer shall present at each annual 
To report iB meeting, a report in writing signed by him, and contaiu- 
wntmg. .^g ^ statement of all moneys received by him during the 

year preceding, and of all his disbursements, exhibiting 
vouchers therefor : also the amount of taxes assessed upon 
the taxable property of the district during the year, the 
purpose for which they were assessed, the amount assessed 
for each purpose, which report shall be recorded by the 
clerk ; and if it appears that there is any balance in the 
hands of treasurer, he shall immediately pay over such 
amount to his successor in office. The director and clerk 
shall examine said report, and if correct they shall endorse 
the same. 

Sec. 17. The clerk shall record the proceedings of 
the district meetings and of the board of trustees in a 
Daties of eierk ^^ok provided for that purpose b}^ the district ; he shall 
enter therein all copies of his reports made to the county 
auditor or State Superintendent; keep and preserve all 
records, books and papers belonging to his office, and 
deliver the same to his successor in office ; he shall act as 
the clerk of the district in all its meetings, or if absent, 
record the minutes of the clerk j;ro tern., and keep an 
account of all expenses of the school and school house, and 
of out buildings, fences, wood, stoves, and all the con- 
veniences of the school room, such as maps, charts, black- 
boards and school libraries. 

Sec. 18. The clerk shall give at least ten days' no- 
cierktegiTeHo- ticc of cacli anuual or special meeting, by posting up three 
tiee of eiectioB. ucticcs thereof in conspicuous places in the district. Ev- 
ery notice for a special meeting shall set forth all the ob- 
jects for which such meeting is called. Special meetings 
may be called on the order of the board of trustees, or by 
the request of five or more freeholders or householders of 
the district. Provided, That at any annual meeting the 
legal voters present may act upon any matter properly 
before them, except the raising of money for building or 
purchasing a school house, or fixing the site thereof, with- 
out its being particularly set forth in the notice. 



SCHOOL LAWS OF MINNESOTA. 25 

Sec. 19. The clerk, between the first and fifteenth 
days of October of each year, shall make and transmit to to report to au- 
the county auditor a report in writing, showing : <iit<"'- 

First. The names of all persons, male and female, 
respectively, residing in the district on the last day of 
September preceding the date of his report, between the 
ages of five and twenty-one years. 

Second. The number of those who have attended the 
school during the year. 

Third. The length of time a school has been taught 
by a qualified teacher, and the amount of wages paid by 
the district. 

Fourths The amount of money received from the 
county treasurer from the money apportioned by the coun- 
ty auditor. 

Fifth. The amount received from tax voted to be 
raised by the district ; the purpose for which it was raised ; 
the manner in which said sums have been expended ; the 
condition of school house and grounds ; the kind of books 
used, and such other facts as the State Superintendent 
may require, which report shall be verified by his oath. 

Sec. 20. The clerk shall draw orders on the treasurer 
of the district for the payment of the teacher, or for any (,1^^.,^. ^^ ^^.^^^ 
lawful purpose ; and when such orders are attested by the orders for any 
director they shall be paid by the treasurer. Each order ^'^^^'^^ purpose 
shall be dated and numbered, state the services or consid- !^j^_tg p^^^^j.^ 
eration for which it is drawn and the person rendering registers for 
such service, and shall be recorded by the clerk in a book teachers-duties 
to be kept for that purpose. The clerk shall procure from tor!"*^ ^ ^"^ ' 
the county auditor and furnish each teacher a register for 
his school, which register shall be deposited by the teach- 
er with the clerk at the end of each term and before any 
money shall be paid or order drawn for services as teach- as amended by. 
er. He shall also procure from the auditor record books Act approved 
and blanks for the use of the clerk and treasurer of the ^^'""^ ^' ^f ^' 

, . . . and by act ap- 

district, pontammg such forms and mstructions as may be proved March 5, 
prescribed by the Superintendent of Public Instruction, iseg. 
The county auditor of each county shall procure and fur- 
nish to the clerk of each school district in his county such 
registers, record books and blanks, the expense of which 
shall be paid by the county treasurer out of the funds 
arising from the two and one-half mill school tax, to be 
paid on the warrant of the county auditor ; provided, that 
if any order drawn for the payment of teachers, upon be- 
ing presented to the treasurer for payment, is not paid by 
4 



26 SCHOOL LAWS OF MINNESOTA. 

him upon such presentation, he shall endorse on such or- 
der the date of such presentation, and such order shall 
thereafter draw interest at the rate of ten per cent, per 
annum, until the treasurer shall notify the clerk of the 
district in writing that he is ready to pay such order. 
Clerk to furnish Sec. 21. The clcrk of the district shall furnish to the 
county auditor couuty auditor, on or before the fifteenth (15th) of Sep- 
UleloTi-^ tember in each year, an attested copy of his record, stat- 
■when. ing the amount of money voted to be raised by the dis- 

f^ ^ ^ ^ trict for school purposes at any annual or special meetins: ; 
A^approved also, a list of the names of all persons and corporations 
March 2, 1868. liable to pay a school tax in his district. 

Sec. 22. And it is hereby made the duty of the county 
auditor to file the copy of said record, and levy the amount 
specified therein upon the real and personal property of 
the district, and to enter upon his assessment roil for 
the year, in a separate column, the tax levied thereon : 
Duty of auditor. Providecl, That the county auditor, in extending such tax, 
shall not be required to use as a rate per cent, any frac- 
tional part of a mill other than a half mill. And the 
county auditor shall report to the State Superintendent, 
in a tabular form, an abstract of the reports of the clerks of 
the several districts in his county, and any failure to make 
due returns shall be deemed a misdemeanor, and he shall 
forfeit for every such omission the sum of fifty dollars, to 
be deducted from his salary by the county commissioners. 
Said report shall be made between the first and fifteenth 
of November, in each year, and stating : 

First. The number of districts in his county. 
Second. The districts which have made report to him. 
Third. The length of time a school has been taught in 
each district by an authorized teacher. 

Fourth. The amount of money received from each 
source for the use of schools. 

Fifth. The amount disbursed to each district and the 
amount on hand. 

Sixth. The number of persons in each district between 
the ages of five and twenty-one years, distinguishing be- 
tween the males and females, and the number that have 
attended school during the year. 

Seventh. The amount of money raised in the district 
and paid for teachers' wages in addition to the public 
money paid therefor ; the amount of money raised for pur- 
chasing school sites, for building, hiring, purchasing, 
repairing, insuring and ornamenting school houses and 
grounds, since the date of his report. 



SCHOOL LAWS OF 3IINNESOTA. 27 

Eighth > The number of private schools, high schools, 
colleges and universities in his county, their condition and 
resources, and the number of teachers and pupils therein. 
He shall also receive from the State Superintendent and 
forward to the several clerks of school districts such 
blanks, reports and circulars as are forwarded to him for 
that purpose. 

Sec. 23. Any failure on the part of a clerk of a school rmeoncierkfor 
district to make report to the county auditor as provided negieet. 
herein, shall be punishable by a fine not to exceed fifty 
dollars, for the use of the district. 

Sec. 24. The county auditor on the last Wednesday 
of March, and on the last Wednesday of October of each 
year, shall make apportionment of the money in the conn- School fund- 
ty treasury for the support of schools among the several ^J^ apportioa- 
school districts in the county, in which a school has been 
taught for three months during the year by an authorized 
teacher, which apportionment shall be in proportion to 
the number of persons in the district between the ages of ^ amended by 
five and twenty-one years, as shown by the reports of the Aet approved 
several districts, and he shall transmit to the clerk of ^^•='^ ^' i^^^- 
each district a copy of the apportionment of said district : 
Provided, That this section shall not deprive districts 
which have been organized but one year of their appor- 
tionment. 

Sec. 25. The county treasurer shall pay over upon 
the order of the county auditor, to the treasurer of any 
school district, any money in his hands belonging to such Dutyof treas- 
Fchool district, by any apportionment, or by collection of"®'" 
any delinquent taxes, or other money belonging to said 
district, but the county treasurer shall pay no school 
moneys to any district treasurer until such district treasu- 
rer has filed in the office of the county auditor notice 
from the clerk of his district, countersigned by the direc- 
tor thereof, that such district treasurer has filed in the 
office of the district clerk his official oath and bond, as 
provided in section fifteen aforesaid. 

Sec. 26. The legal voters, when lawfully assembled, 
not less than five being present, shall have power, by a 
majority of votes of those present : ^°*y ""^ ^°*''"'' 

First. To appoint a moderator. 

Second. To adjourn from time to time. 

Third. To elect a director, clerk and treasurer, and 
when necessary, to choose a clerk pro tern., in the absence 
of the clerk of the district. 



28 SCHOOL LAWS OF MLN'NESOTA. 

Fourth. To designate a site for a school house. 
Fifth. To vote an amount of money to be raised by 
a tax on the taxable property of the district, sufficient, 
with the apportionment of the common school fund, to 
support a school the length of time voted by the district ; 
to purchase or lease a site for a school house, and to build, 
hire or purchase such a school house when the same is 
necessary ; to keep in repair and provide the same with 
the necessary furniture and appendages ; to procure fuel, 
and to purchase or increase a library and school apparatus. 
But no school di'^trict shall in any one year levy a tax ex- 
ceeding eight mills on the dollar, for the purpose of build- 
ing a school house, or leasing or procuring a site for a 
school house. Provided, That any district in which the 
above rate will not produce the sum of six hundred dol- 
lars, may raise by a tax a sum not exceeding six hundred 
dollars. 

Sixth. To repeal or modify their proceedings from 
time to time. But the board of trustees have power 
to levy a tax sufficient to support a school three 
months in the year without a vote of the district, 
and the legal voters may vote to have a school any 
length of time more than three months. Provided, 
The legal voters of any school district containing less 
than ten voters, when lawfully assembled, not less than 
three being present have power, by a majority of the 
votes of those present to do and perform all the acts 
mentioned in the several sub-divisions of this section, 
except that such meeting shall not vote a tax to exceed in 
amount more than one hundred dollars in any ono year. 

Sec. 27. All taxes raised by virture of this title, shall 

ied. ' be levied and collected in like manner, and by the same 

persons, as county taxes are levied and collected. 

[Sections 28, 29, 30, 31 and 32 were repealed by act 
approved March 5, '69, relating to the appointment of 
county superintendents of schools.] 

Sec 33. Every teacher shall jDrocure a register for 
his school from the clerk of the district, keep a daily 
ciTerl^'ster^'" Tccord of attendance and of such other matters as may be 
required in such register, and receive all persons sent to 
him betw een the ages of five and twenty-one years ; but 
older per sons may attend school under any arrangement 
with the board of trustees. Provided, That the board of 
trustees shall have sole power to determine who shall at- 
tend school from other districts, and the terms on which. 



Taxes, how ley- 



Teachers to pro- 



SCHOOL LAWS OF SnNNESOTA. 29 

they may attend ; and no person shall have any right to 
attend school out of his district, unless in accordance with 
an arrangement with the board of trustees of the district 
where he proposes to attend school, who may at their 
discretion admit scholars from an adjoining district. Pro- 
vided further, That the board of trustees may expel any 
scholar for insubordination, immoralit}^ or infectious dis- 
ease. But if any child of suitable age is denied admission, 
or any scholar expelled without sufficient cause, or on 
account of color, social position or nationality, the board 
of trustees by whose direction the offence was committed, 
shall forfeit and pay a fine of fifty dollars for each offence. 

Sec. 34. Any teacher who has complied with the Teacheis-how 
provisions of this title, shall be paid out of the first paid, 
moneys in the treasury, and no subsequent claim shall 
supersede his or hers ; and no money in any district 
treasury shall be applied to any purpose whatever, other 
than the payment of teachers, so long as there is any such -^ amended by 
claim against it. And any school district treasurer who ^Mchriseg. 
shall violate the provisions of this section, shall be per- 
sonally liable to the teacherj who was entitled to such 
moneys, which may be recovered against such treasurer 
and his bail in any court having jurisdiction of the action, 
provided that nothing herein contained shall authorize the 
treasurer to pay teachers out of any money other than that 
raised or apportioned for the payment of teachers. 

Sec. 35. For the purpose of maintaining common 
schools, the commissioners of each county shall levy an 
annual tax of one-fifth of one per cent, on the amount of 
the assessment made by the assessor for the same year, 
which tax so levied shall be extended upon the assessment ^^y levy tax. 
rolls of the year, by the county auditor, in a separate 
column, and this shall be collected in the same manner and 
by the same person as other county taxes are. collected, 
except that the school tax shall be collected in gold or 
silver, or United States treasury notes, and the money so 
collected shall be paid into the county treasury for the 
support of common schools, to be apportioned as provided 
in this title. As a further provision for the support of : 

schools, there shall be set apart by the county treasurer '' 

of each county, the proceeds of all fines for the breach of 
any penal law in this state not otherwise appropriated by 
law. And the county auditor shall open an account with 
each district in his countj^ and keep an accurate account 
of all moneys received by or due to each of said districts, 



^; 



30 SCHOOL LAWS OF MmNESOTA. 

and all such matters as are necessary to show the condition 
of accounts between each of said districts, and the county 
treasury ; and for this purpose he shall examhie any or all 
of the books in the office of the county treasurer. 

Sec. 36. All lands now held or which may be acquired 
from^t^aUom ^y *^^ school districts for common school purposes, shall 
be exempt from all taxes and assessments while held ac- 
cording to the provisions of this title. 

Sec. 37. Nothing herein in changing the title, con- 
Legaiquestioiifl, ditiou Or relation of existing school district property, 
how settled. shall aficct or prejudice any right of such district to en- 
force by law against the proper jiarties thereto, any con- 
tract, right, obligation or cause of action now existing, or 
prejudice any right of any party who holds any contract, 
obligation, right or cause of action, or lien upon any such 
district or the property thereof. Provided, That if any 
differences of opinion arise among the officers of the dis- 
tricts, towns or counties, who are empowered to carry out 
the provisions of this title relative to the legal construc- 
tion of the same, the attorney general, on the written 
application of the county auditor, submitting such ques- 
tions of doubt or difference, shall give his legal opinion in 
writing to such auditor, on the points thus submitted ; and 
his opinion thus given, shall be binding until annulled by 
the judgment or decree of a court of competent jurisdic- 
tion. 

Sec. 38. The Superintendent of Public Instruction 
Duty of Super- shall, from time to time as he deems expedient, cause to- 
mtendent. v,g published, the decisions of the attorney general upon 
the school laws, and the rules and regulations of this de- 
partment, and distribute the same. 

Sec. 39. Each of the incorporated towns and cities in 
this state having by their several charters a common or 
special school sj^stem, which shall, by some proper officer 
Dutvof incor- thereof, make to the school supernitendent or director of 
porated towns, their propcr county a report of the enumeration of scholars 
and other matters by this title made necessary to be re- 
ported, the same as is required of school districts, shall 
be entitled to an apportionment of public school funds, ta 
be apportioned and drawn substantial!}^ as provided by 
their special acts of incorporation ; Provided Jioioever^ 
Act approved That nothing herein or in any act amendatory hereof shall 
March 4, 1869. bc SO coustrucd as to autliorize any school trustees, 
board of education, or other school officer or authorities 
in such incorporated town or city to classify the scholars- 



SCHOOL LAWS OF MINNESOTA. 31 

therein with reference to color, social position or nation- 
ality, or to set apart the children so classified into separate 
schools without their consent and the consent of the par- 
ents or guardians of such children. And no town or city 
which shall ofi'end, in this respect, or in which any child 
of suitable age shall be refused admission to any school 
in the proper locality or ward on account of color, social 
position or nationality, in violation of section thirty-three 
(33) of this chapter, shall be entitled to any portion of 
the school funds of this state apportioned among the 
several counties pursuant to section forty-four of the title 
and chapter of the general statutes aforesaid. And it shall 
be the duty of the State Superintendent of Public Instruc- 
tion in making such apportionment of school funds pursu- 
ant to said section forty-four, in all cases when satisfied of 
the commission of such ofiense, by complaint of the ag- 
grieved party or otherwise, to withhold from the county 
wherein the ofiense was committed an amount of such 
school funds proportionate to the school population of the 
town or city committing such ofiense ; and it shall be the 
duty of the auditor of such county to withhold all said 
state school funds from the city or town in which such 
offense was committed. 

Sec. 40. The Superintendent of Public Instruction superintendent 
shall be appointed by the Governor, by and with the ad.'°^^^PP°^'^'^' 
vice and consent of the senate, and shall hold his oflSce 
for the term of two years, commencing on the first Tues- 
day in April ; and before entering upon the duties of his ^^ ^^^^^^^ i, 
office, he shall take and subscribe an oath or make affirm- ^^^ j^pp^o^^^ 
ation, that he will support the constitution of the United March 9, ise?. 
States and of the state of Minnesota, and discharge the 
duties of his office faithfully, and to the best of his ability, 
which oath or affirmation shall be filed in the office of the 
Secretary of State. 

Sec. 2. An office shall be provided for him at the seat office to be pro- 
of government, in which he shall file all papers, reports, ^^•^®*^- 
and public documents transmitted to him by county super- 
intendents or county auditors, or received from other 
sources ; and he shall keep a fair record of all matters 
peri.ainiug to his office. 

Sec. 3. He shall receive annually a salary of twenty- 
five hundred dollars, and also all necessary contingent ^^^'^* 
expenses for traveling, postage and stationery, pertaining 
to his office, to be "audited and paid as the salaries and 
contingent expenses of other state officers : Provided, 



32 



SCHOOL LAWS OF MINNESOTA. 



Duty of Super- 
intendent. 



Further duty. 



Superintendent 
to prepare re- 
port. 



Report, when. 



That his contingent expenses for these purposes shall not 
exceed the sum of five hundred dollars in any one year. 

Sec. 4. It shall be the duty of the State Superinten- 
dent to meet the county superintendents of each judicial 
district, or of two or more districts combined, if he shall 
deem it more conducive to the interests of education, at 
such time and place as he shall appoint, giving due notice 
of such meeting, the object of which shall be to accumu- 
late valuable facts relative to common schools, to compare 
views, discuss principles and in general to listen to all 
communications and suggestions, and enter into all discus- 
sions relative to the compensation ot teachers, their quali- 
fications, branches taught, methods of instruction, text- 
books, district libraries, apparatus, teachers' institutes, 
visitation of schools, and other matters embraced in the 
common school system. 

Sec. 5. It shall be the duty of the State Superinten- 
dent to organize and hold each year a teachers' institute, 
in such counties as shall be found practicable, encourage 
the organization of county associations of teachers, and 
to this end visit and confer with county superintendents 
and other school officers in difi'erent parts of the state. 

Sec. 41. The State Superintendent shall prepare and 
submit to the legislature in each year, a report containing : 

First. An abstract for the common school reports receiv- 
ed by him from the several county auditors, showing the 
number of organized school districts in the state, the 
number of schools taught, the enumeration of persons 
between the ages of five and twenty-one j'ears, distinguish- 
ing between male and female, and the whole number 
taught in the district schools. 

Second. A statement of the condition of common 
schools and of all other institutions of learning in the 
state that may report to him. 

Ihird. The amount of school moneys collected and 
expended each year from all sources, specifying the amounts 
from each source respectively. 

Fourth. All matters relating to his office, the common 
schools of the state, and the school fund, the number and 
character of teachers, and whatsoever he may deem it 
expedient to communicate. 

Sec. 42. He shall prepare his report on the fifth day 
of December in each j'ear, and prepare and forward to 
each county auditor all blanks necessary for carrying into 
effect the provisions of this law. 



SCHOOL LAWS OF MINNESOTA. 33 

Sec. 43, He shall prepare and distribute proper school To prepare 
registers for teachers, and forms necessary for the returns school registers. 
of county auditors and district clerks, which he is author- 
ized to procure from the state printer. 

Sec. 44. The State Superintendent shall make an ap- 
portionment of the available current school funds in the fo^^^'^rT*^^^* 
state treasury among the several counties of this state on gchooifund, 
the first Monday of February and first Monday of August ■^'len. 
each year, in proportion to the number of scholars between 
the ages of five and twenty-one years residing therein 
on the first day of October previous, and transmit a state- 
ment thereof to the county auditor of each county. 

TITLE II. 

COUNTY superintendents. 

[Sections 45, 46, 47 and 48 were repealed by act ap- 
proved March 5, 1869, relating to the appointment of 
county superintendents of schools.] 

Sec. 49. The county superintendent of schools shall 
examine and license teachers and annul certificates on gupJrinteride!!! 
proper cause shown ; visit and instruct the schools of his 
county at least once in each term, and give such advice to 
the teachers as may be requisite and necessary ; he shall 
organize and conduct at least one institute for the instruc- 
tion of teachers in each year, if he deems the same neces- 
sary ; encourage teachers' associations ; introduce to the 
notice of teachers and the people the best modes of instruc- 
tion, the most improved plans of building and ventilating 
school houses, and ornamenting and adapting school 
grounds for the cultivation of the taste and healthful ex- 
ercise of the children ; stimulate school officers to the 
prompt and proper discharge of their duties ; receive the re- 
ports of the several school district clerks, and transmit an 
abstract of the same to the State Superintendent, adding 
thereto a report of the condition and prospects of the 
schools under his charge, together with such other infor- 
mation and suggestions as he deems it expedient to com- 
municate. 

Sec. 50. The county superintendent of schools shall 
hold in and for each commissioner district in his county, Further duties, 
at least two meetings in each year for the examination 
and licensing of teachers, of which meetings at least thir- 
ty days' written notice shall be given to each school district 
5 



34 



SCHOOL LAWS OF MINNESOTA. 



clerk Id the commissioner district fur which the meeting" 
is to be held, and by him posted in some conspicuous^ 
place in his district. Such notice shall contain the names 
of the towns embraced in the commissioner district, and 
the time, place and objects of the proposed meeting. The 
examinations of teachers thus held shall be public, and be 
conducted by written and oral questions and answers. 
The} shall be uniform for the county in which they are 
held, and no certificate of qualification shall be given ex- 
cept in accordance with the provisions of law respecting 
teachers' certificates. Provided, That any teacher may be 
examined by the County superintendent at his office at any 
time other than as above specified, on proper proof offer- 
ed that such teacher was unable to be present at the public 
examinations above provided for, and on payment of the 
sum of fifty cents for such service. 

Sec. 51. The county superintendent shall examine 
any person proposing to teach a common school in the 
county, in orthography, reading in English, penmanship^ 
arithmetic, grammar, modern geography, and the history 
of the United States, and if he is satisfied that such per- 



Teaehers to be ^^^ ^g ^^ ^^^ moral character 



extimiaed, in 
■what branches 



Duties of offi- 

sers. 



and qualified to teach in 
all the aforesaid branches, he shall give such a person a 
certificate, the grade of which shall be determined by the 
relative merits of the examination standard. County su- 
perintendents are authorized to issue three grades of teach- 
ers' certificates, viz : first grade, valid in the count}' for 
two years ; second grade, valid in the county for one year ; 
third grade, valid in a given district only for six months. 
The county superintendent may. renew such certificate at 
its expiration by indorsement thereon, and he may revoke 
the same for gross immorality, iucompetency or other ad- 
equate cause. Each county superintendent shall also keep 
a careful record, in a book provided for that purpose, of 
all the candidates to whom he issues the certificates, not- 
ing the date of examination, the name, sex and age of 
each candidate, and the grade ol the certificate granted, a 
transcript of which record shall be included in the annual 
jTeport to the State Superintendent. 

Sec. 52. In such counties as elect to adopt the county 
superintendency as above prescribed, that part of section 
twenty-two aforesaid which relates to the reports of coun- 
ty auditors to the State Superintendent, shall apply to the 
county superintendent, which latter officer shall make the 
reports therein prescribed ; and the county auditor shall 



SCHOOL LAWS OF MINNESOTA. 85 

deliver to the county superintendent, for this purpose, the 
report of the district clerk made to him, and such other 
information as shall aid him in the discharge of his duty. 
The county superintendent shall also receive from the 
State Superintendent and forward to the several clerks of 
districts such blanks, reports and circulars as shall be for- 
warded to him for that purpose, and shall be guided gen- 
erally in the discharge of his duty by the rules laid down 
by the State Superintendent. 

Sec. 53. The compensation of the county superin co npensation. 
tendent of schools shall be fixed by the county board of 
commissioners, and paid in the same manner as the sal- 
aries of other county officers are paid. 

TITLE III. 

INDEPENDENT SCHOOL DISTRICTS. 

Sec. 54. Any city, town, village, township, school 
district, or sub-school district, now or hereafter organized, 
may be organized into and established as an independent ^°'^ependent 
school district, in the manner and with the powers here- 
inafter specified. Provided, That this title shall not apply 
to any township, school district, or sub-school district, 
containing less than five hundred inhabitants, unless said 
school district consists in whole or in part of an incorpo- 
rated city, town or village ; provided further , That the pro- 
visions of this title shall not apply to any city, town or 
village, or any part thereof, which is now governed as to 
schools by any special law. 

Sec. 55. In order to such organization, written notices how district to 
shall be posted up in three of the most public places in ^e organized. 
the contemplated district, signed by at least six resident 
freeholders of the same, requesting the qualified electors 
in said district to assemble upon a day and at some- suit- 
able place in said district, to be named in said notices, 
then and there to vote by ballot for or against the adop- 
tion of this title, which notices shall be so posted up at 
least ten days next prior to said meeting. 

Sec. 56. The electors assembled at said time and place 
shall proceed to appoint a chairman, assistant chairman, Q'^e^tion to be 
and clerk, who shall be judges of said election. The elec- ^°'^ 
tors in favor of the adoption of this title for said district 
shall write upon their ballots "school law," and those 
opposed thereto, " no school law," the adoption or rejec- 



S6 SCHOOL LAWS OF MINNESOTA. 

lion of this title to be determined by a majority of votes to 
be cast in manner aforesaid. 

Sec. 57. In case a majority of votes are cast for said 
law the electors of said district shall assemble at the place 
last aforesajd, within twenty days thereafter, of which at 
Jlll°JXow legist ten dsijs' previous notice shall be given by said chair- 
chosen, man and clerk in the manner aforesaid, and shall then and 
there choose by ballot six directors of the public schools 
of said district, two of whom shall serve for one year, two 
for two years, and two for three j^ears ; the time that each 
shall serve to be designated on the ballot, and annually 
thereafter, on the last Saturday of March, there shall be 
chosen in the same manner two directors, each of whom 
shal! serve for three years and until their successors are 
elected and qualified. The persons so elected shall within 
five days after their election, file in the office of the clerk 
of said district their several oaths as required by law. 
Sec. 58. Said directors and their successors in oflice 
director, to he a ^ |j ^ ^ . corDorate by the name of " the board of 

education of ," (the name of the city, town, village 

or township,) and as such and by such name shall have 
perpetual succession, and shall receive all moneys and 
other property belonging or accruing to said district, or to 
said city, town, village or township, or any part of the 
same, for the use or benefit of the public schools therein, 
and succeed to all the rights and be subject to all liabilities 
of the same, and the said board shall be capable of contract- 
ing and being contracted with, suing and being sued, and 
shall also be capable of receiving any gift, grant, bequest or 
devise made for the use of the public schools in said city, 
town, village, township or district, and all moneys accru- 
ing to said city, town, village, township or district, under 
any law of this state for the use of the public schools 
therein, shall be paid over to the treasurer of said board 
of education. 

Sec. 59. Said board shall, within ten days after their 
election as aforesaid, and annuallj^ thereafter on the first 
Board to choose jyjQj-^fjay jjj April, meet and organijie by choosing from 
^®^^''~^^™''^ their number a president, clerk and treasurer, who shall 
hold their offices, as such, for one year, and until their 
successors are elected and qualified. The board of educa- 
tion may also elect, by ballot, a school superintendent, 
who shall hold his office during the pleasure of the board ; 
who shall receive such compensation as may be fixed by 
the board. The superintendent shall be ex-officio mem- 



SCHOOL LAWS OF MINNESOTA. 37 

ber of the board of education, but not entitled to a vote 
therein. The board may, for satisfactory reasons, remove 
any member or officer of the board and fill the vacancy ; 
jprovided. That no member shall be removed except by a 
concurrent vote of at least four members of the board, and 
at a meeting of which he was duly notified. 

Sec. 60. No member of said board shall receive any 
compensation for his services, except the clerk and treas- ^^^"^'^p®"**- 
urer, whose compensation shall be fixed by the board. 

Sec. 61. Four members of said board shall constitute Quorum. 
a quorum for the transaction of business at any regular or 
special meeting. 

Sec. 'o2. In case of vacancy, the board of education 
have power to fill the same by appoiutment until the next vacancies, how 
annual district election, when the electors of said district ^"®'^' ' 
may choose a suitable person to fill the remainder of such 
term. Provided^ The clerk of said board shall give notice 
of such vacancy as required in other cases. 

Sec. 63. The superintendent shall visit the schools of 
the district and report their condition to the board as 
often as the board prescribe ; he shall superintend the ^"*y <^f Super 
grading of the schools and examinations for promotion, 
and shall perform such other duties as the board prescribe. 

Sec. 64. The president and clerk shall file in the office 
of the clerk of the district their written acceptance of officers to me 
office as such. The president shall preside at all meetings acceptance of 
of the board and district, (except that a president pro o^^^e. 
tempore may be chosen in his absence), shall sign all or- 
ders drawn upon the treasurer for moneys voted to be paid 
by said board, and perform such other duties as the board 
prescribe. 

Sec. 65. The clerk shall act as clerk of the district as 
well as of the board, (except that in his absence a clerk Duty of cierk, 
pro tempore may be chosen), shall keep a record of the 
proceedings of all district meetings as well as of the meet- 
ings of the board, and of all reports made by him to the 
county auditor, and shall keep an account of the expenses 
of said district, and a correct and full list of the property 
of said district ; shall furnish to the county auditor, on or 
before the first day of September in each year, an attest- 
ed copy of his record, stating the amount of money voted 
to be raised by the district for school purposes at any an- 
nual or special me.eting, or by the board of education ; he 
shall give due notice ot all the meetings of the district, 
shall, upon the order of the board, draw and sign orders 



38 SCHOOL LAWS OF MINNESOTA. 

upon the treasurer of the district for the payment of mon- 
ey, stating in every such order the consideration for which 
it was drawn and the name of the person rendering such 
consideration, and the particular fund upon which it was 
drawn, and shall take a receipt for every such order from 
the person to whom the same is delivered, and preserve 
the same ; he shall keep all records, books and papers be- 
longing to his office, and deliver the same to his successor. 
He shall, between the first and fifteenth day of October in 
each year, make and transmit to the county auditor a re- 
port in writing, showing : 

First. The names of all persons, male and female res- 
p( ctively, residing in the district on the first day of Sep- 
tember preceding the date of his report, between the ages 
ot five and twenty-one years. 

Second. The number of those who have attended the 
schools during the year. 

Third. The length of time schools have been taught 
by qualified teachers, and the wages paid them by the dis- 
trict. 

Fourth. The amount of money received from the 
county treasurer from the monej'' apportioned by the 
county auditor. 

Fifth. The amount of money received from taxes voted 
to be raised by the district ; the purpose for which they 
were raised ; the manner in which said amounts have been 
expended ; the condition of school houses and grounds, 
the kind of books used, and such other facts as the State 
Superintendent may require ; which repoit shall be veri- 
fied by oath before some competent person. Any failure 
on the part of said clerk to make report to the county au- 
ditor as provided herein, is a misdemeanor, punishable by 
a fine not exceeding five hundred dollars, for the use of 
the district. Said clerk shall furnish to each teacher, be- 
fore the commencement of any school, and as often there- 
after as may be deemed necessary, a school register. 
Said clerk shall perform such other duties as are designa- 
ted by said board. 

Sec. 6(5. The records of said board, signed by the 
president, or a transcript thereof, or any part thereof, and 
all papers belonging to the office, or a transcript thereof, 
certified by the clerk, shall be prima facie evidence of the 
facts therein stated, and all records, book and papers be- 
longing to said board, shall be subject to the inspection of 
any legal voter of said district. 



SCHOOL LAWS OF MINNESOTA. 39 

Sec. 67. The treasurer, before entering upon the du- 
"ties of his office, shall execute a bond to the board of ed- giye^b'!)^nda-his 
iication in double the amount of money, as near as can be duties. 
^ascertained, which will come into his hands as treasurer, 
during the year, with not less than two sureties, to be ap- 
■proved by said board, and conditioned for the faithful 
discharge of his duties as treasurer. J^uch bond shall be 
tiled with the clerk of the board, and in case of any breach 
of the condition thereof, the board shall cause an action to 
be commenced thereon in the name of the board of edu- 
cation, and the mone}^ recovered shall be applied to the 
use of the district. Said board ma}^ require said treasurer 
to give additional security from time to time. Said treas- 
urer shall receive, and upon the order of the board, signed 
by the clerk and president, pay out all moneys belonging 
'"to the <»listrict, paying each order only out of the particu- 
lar fund upon which it is drawn, and shall keep an accu- 
rate, detailed and separate account of such fund coming 
into his hands, in a book or books provided for that pur- 
pose. Said treasurer shall, within three days preceding 
the last Saturday in March in each year, file with the clerk 
of the board, a report in writing, signed by him, and 
containing a statement of all the moneys received by him, 
during the year preceding, and of all his disbursements. 
Said report shall be examined by the board (before which 
the treasurer shall exhibit his vouchers) before the annual 
meeting of the district, and be approved or disapproved 
by resolution entered upon the records of said board. 
Said treasurer shall make such reports of the business ot 
bis office as may be called for by the board at any time. 
He shall keep all records, books and papers belonging to 
his office, and deliver the same to his successor in office, 
on demand. He shall pay over to his successor in office, 
on demand, after such successor has given bonds as here- 
inbefore required, all money in his hands belonging to 
said district, and perform such other duties as may be 
ordered by the board. 

Sec. 68. Said board may hold stated meetings at such 
-times and places in said district as they may appoint. 
Special meetings thereof may be called by the president, Meetings. 
or by any two members, on giving one day's notice of the 
time and place of the same, and said board, by resolution, 
shall direct the payment of all moneys that shall be paid 
■out of the treasury except in pursuance of such resolu- 
tion, and on the written order of the clerk, countersigned 
by the president. 



40 SCHOOL LAWS OF MINNESOTA. 

Sec. 69. Whenever said board deems it necessary to> 
Proceedings to purchase or erect a school house or school houses for said 
Retaken when district, or to purchasc sites for the same, they shall call 
school house to a meeting of the legal voters of the district, by giviug 

Toe "built etCi ^ ^ ^ ^^ o o 

' ' ten days' notice of the time and place, and object of said 
meeting, in some newspaper printed and in general cir- 
culation in said district, if any, and if their is no such 
newspaper, then by posting up written or printed notices 
thereof in five or more of the most public places in said 
district, and said meeting may determine by a majority 
vote upon the erection of a school house or school houses^, 
and the purchase of a site or sites therefor, and the 
amount of money to be raised for the purpose aforesaid, 
and the time or times when the same shall be paid, which 
moneys so voted shall be thereupon certified by the board 
of education by its chairman and secretary, to the auditor 
of the county, and shall be assessed in said district : 
Provided, That no tax shall . be levied in any one year 
exceeding eight mills on the dollar, for the purpose of 
building a school house or school houses or procuring 
sites therefor. 

Sec. 70. The board of education shall have power^.. 
and it shall be their duty : — 

First. To establish and organize such grades of schools, 
Powers of the ^.Itcr and discontinue the same in said district, as they 
board of educa- may deem expedient. 

^°°' /Second. To provide necessary rooms or buildings for 

school houses, and grounds about the same. 

Third. When authorized by a vote of the district, to 
purchase or erect one or more school houses, and purchase 
sites for the same. 

Fourth. To purchase, sell and exchange school appa- 
ratus, furniture, stoves and other appendages for school 
houses, and to furnish fuel for the same. 

Fifth. To take care of the property of the district and 
procure insurance, and make ordinary repairs upon the 
same, or any part thereof, when deemed expedient. 

Sixth. To contract with, employ and pay teachers 
who have received certificates as provided herein, and to 
discharge the same. 

Seventh. To defray the necessary expenses of the 
board, pay the compensation of the clerk, treasurer and. 
superintendent, and for such printing, record books, sta- 
tionery and other incidental, matters as may be deemed, 
proper. 



SCHOOL LAWS OF MINNESOTA. 41 

Eighth. To superintend and manage in all respects 
the schools of said district, and from time to time to adopt, 
alter, modify and repeal rules for their organization, gov- 
ernment and instruction, for the keeping of registers, for 
the reception of pupils, resident and non-resident within 
the district, their suspension, expulsion and transfer from 
one school to another ; to prescribe text-books and a 
course of study for the schools, and to visit each of the 
schools in said district not less than once in every three 
months. 

Ninth. To make rules and regulations respecting the 
protection, care and safekeeping of the property of the 
district, and prescribe penalties for the breach thereof, to 
be recovered as penalties in other cases before a justice 
of the peace, and to change and repeal the same. 

Tenth. To make, change and repeal rules relating to 
the organization, government and business of said board, 
and the duties of its officers. 

Eleventh. To provide for the prompt payment, at 
maturity, of the principal and interest of any indebtedness 
of the district, by voting, from time to time, taxes upon 
the taxable property of said district sufficient to meet the 
same, making allowance for delinquency in paying any 
part of such taxes. 

^Lwelfth. To furnish to the board of examiners the ne- 
cessary blanks for all such grades of such certificates as 
said board of education may at any time order, which cer- 
tificates shall severally contain the branches fixed for the 
several grades of certificates. 

Sec. 71. Said board of education shall keep said schools 
in operation not less than sixteen nor more than forty- Term of schools, 
four weeks in each year, determine the amount of the an- 
nual tax to be raised for the purpose aforesaid, including 
all the necessary expense of said schools, except for the 
erection of school houses and the purchase of sites ; and 
on or before the first day of September of each year make 
known the amount of such tax to the auditor of the coun- 
ty in which said district is situated, which tax shall be as- 
sessed in said district, collected and paid over to the 
treasurer ot said district, and said board shall keep an ac- 
curate account of iheir proceedings, and of their receipts 
and disbursements for school purposes, and at the annual 
meeting for choosing directors in said districts, make re- 
port of such receipts and the source from which the same 
were derived, and of the disbursements and the objects to 



42 SCHOOL LAWS OF MINNESOTA. 

which the same were applied ; and they shall also make 
report at the same time of such other matter relating to 
said schools as they deem the interest of the same to re- 
quire. 

[Sec. 72 repealed by act, approved March 6, 1868.] 

iSec. 73. Said board of education, within twenty days 
alter their election, shall appoint three competent persons, 
citizens of said district, to serve as school examiners of 
Board to ap- \]^q public schools therein, one to serve one year, one for 
pomt examiners ^^^ years, and oue for three years from the time of their 
appointment and until their successors are appointed, and 
annually thereafter said board shall appoint one ex^iminer 
to serve for three years, and until his successor is ap- 
pointed and qualified : and said board shall fill all vacan- 
cies that may occur from death, removal or otherwise. 
Said examiners, or any two of them, shall examine any 
persons that may apply for that purpose with the inten- 
tion of becoming teachers in any of the schools of said 
district, and if they find the applicant, in their opinion, 
qualified to teach in any of said schools and to govern the 
same, and of good moral character, they shall give said 
applicant a certificate made out on such blanks as may be 
provided by the board of education, naming the branches 
in which the holder of said certificate is found qualified to 
teach, setting opposite each branch the degree of attain- 
ment, on a scale of which five shall be the maximum ; and 
no person shall be permitted to teach in said schools with- 
out such certificate ; and said examiners may in all cases 
when two of their rmmber concur, have power to annul 
such certificate, and when so annulled and reported to the 
board of education, the person holding the same shall be 
discharged as teacher. Said examiners shall also, sepa- 
rately or otherwise, together with said board of education 
or any of them, or such person as they may appoint or in- 
vite, visit said schools as often as once in every three 
months, and observe the discipline, mode of teaching, 
progress of pupils, and such other matters as they may 
deem of interest, and make such suggestions and report 
thereupon to said board as they think proper, which re- 
port may be published at the discretion of said board, to- 
gether with their annual report. 

Sec. 74. All taxes raised by virtue of this title, shall 
Taxes, how lev- ]jq levied and collected in the same manner, and by the 
same ofiicers as county taxes are levied and collected. 

Sec. 75. Upon the adoption of this title in the man 



ied 



SCHOOL LAWS OF MINNESOTA. 43 

iier herein provided, by any oily, town, village, township, Repeals moon-: 
district or sub-district, ail laws now in force therein, in- sistentiaws. 
■consistent herewith, are hereby repealed. 

Sec. 76. This title is not to be repealed or affected by Not to be affect- 
any subsequent act, unless specially mentioned therein. edbysubse- 

•^ -^ i ./ c[xient acts, 



TITLE IV. 

ACTIONS BY OE AGAINST TRUSTEES. 

Sec. 77. The trustees of any school district organized 
in accordance with the provisions of this chapter, may 
prosecute actions in their official capacity in the following Trustees may 

^ i. ./ o bring actions. 

cases : 

First. On a contract made with them in their official 
capacity ; or, 

Second. To enforce a liability, or a duty enjoined by 
law in favor of such officers, or the district ; or 

Third. To recover a penalty or forfeiture given to 
such officers or the district ; or 

Fourth, To recover damages for an injur}'- to their 
official rights or property. 

Sec. 78. An action may be brought against them in 
their official capacity, either upon a contract made by such ^ 

officers in their official capacity, and within the scope of Actions against 
their authority, or for an injury to the rights of the plain- trustees. 
tiff, arising from some act or omission of such officers or 
of the district. The actions authorized by this title, may 
be brought by or against said trustees, upon a cause of 
action which accrued during the term of their predeces- 
sors, as well as during their own term of office, and when 
brought may be continued by or against the successors in 
office of the parties whose names may for that purpose be 
submitted in the action. 

Sec. 79. In legal proceedings against the trustees in ^^^^^^^ ^^^ 
their official capacity, all process and papers may be serv- served.' 
ed on any one of them, and the party served shall notify 
the others of the fact of such service. 

Sec. 80. When a judgment is recovered against ^.nj'- .^^^^^ 
trustees in any action prosecuted by or against them in recovered. 
their name of office, no execution shall issue on such 
judgment, but the same, if for the recovery of money, 
shall, unless reversed or stayed on appeal, be paid by the 



44 SCHOOL LAWS OF MINNESOTA. 

treasurer upon demand, and the delivery to him of the 
certified copy of the docket of the judgment if there is 
sufficient money of such district in his hands not other- 
wise appropriated. If he fails to do so, he shall be per- 
sonally liable for the amount unless the collection thereof 
is afterwards stayed on appeal. 

Sec. 81. If such judgment is not satisfied or proceed- 

copy of docket, jj^gg ^j^gj-g^jj stayed by appeal or otherwise, before the next 
annual meeting of said school district, a certified copy of 
of the doccket of the judgment may be presented to said 
district at its annual meeting. 

Sec. 82. The trustees of the district shall thereupon 

Duty of trustees g^^gg ^hc amouut duc ou the judgment, with interest from 
the date of its recovery, to be added to the tax of said dis- 
trict, and the same shall be certified to the county auditor 
and collected as other district taxes are collected. 

Sec. 83. If such judgment is not paid within thirty 

recOTered™^^* days after the time fixed by law for the county treasurer 
to pay over the money in his hands, levied for the purpose 
ot paying such judgment next after the rendition thereof, 
execution may be issued on such judgment but only the 
property belonging to said district shall be liable thereon. 



SCHOOL LAWS OF MINNESOTA. 45 



LAWS SUPPLEMENTARY TO CHAPTER 36. 

PASSED BY THE LEaiSLATURES OF 

1867, 1868, and-1869. 



An Act to amend section one, of chapter twenty-six, of the 
laws o/*1866, entitled an act to authorize the trustees of 
the several organized school districts of this state, or 
those that may he hereafter organized, to issue school 
district bonds. 

Be it enacted by the Legislature of the State of Minnesota : 

Section 1. That section one, of chapter twenty-six, 
be amended as to read as follows : 

That the trustees or board of education of any school 
district in this state, be and the same are hereby authorized 
and fully empowered to issue the orders or the bonds of 
their respective districts [with coupons] in such amounts May issue bonds 
and at such periods as they may be directed, by a vote of 
two-thirds of the legal voters present and voting at any 
legally called meeting of the same ; said orders or bonds 
to be payable in such amounts and at such times not ex- 
ceeding ten years, as the legal voters thereof at such 
meeting shall determine, with interest not to exceed twelve 
per cent, per annum, payable annually, which orders or 
bonds and coupons shall be signed by the director and 
countersigned by the clerk of said district or by the presi- 
dent and treasurer of the board of education. Provided, 
That nothing herein contained shall be construed to 
authorize the issuing of such orders or bonds, unless two- 
thirds of all the lei^al voters present and voting shall vote 
in favor thereof, at an annual or special meeting of the 
legal voters of said school district. 

Sec. 2. All taxes levied, or orders, or bonds issued ^^^^^j.^^^ ^^^^^ 
since February 28th, 1866, by school districts in this etc 
state, for purchasing site for and the erection, completion 



46 SCHOOL LAWS OF MINNESOTA. 

and furnishing school houses, are hereby legalized and 
declared valid. 

Sec. 3. This act shall take eflect and be in forcq,from 
and after its passage. 

Approved March 1, 1867. 



An Act to promote Education. 

Section 1. That the trustees of any school district, 
or the board of education of any city, town or organized 
school district in this state, may provide for the instruction 
of the pupils of the common schools in their district, or 
such as may desire it, in any of the foreign languages, for 
one hour each daj^ : Provided, That the teacher of such 
school is competent to give such instruction, or a proper 
instructor for such purpose can be obtained. 

Sec. 2. This act shall take effect and be in force from 
and after its passage. 

Approved March 9, 1867. 



An Act to provide for supplying each Board of School- 
District Officers with the Minnesota Teacher and Journal 
of Education, and to make it the organ of the Depart- 
ment of Public Instruction. 

Section 1. The superintendent of schools in each 
county of the state may annually forward to the publisher 
of the Minnesota Teacher and Journal of Education, the 
name and post-office address of each schojl district clerk 
in his county, and at the same time may order from said 
publisher one copy of said Journal for each district clerk, 
whose duty it shall be to preserve and transmit the same 
to his successor in office as property of the district. 

Sec. 2. When the first number of said Journal ha& 
been forwarded to the school district clerks on such sub- 
scription as provided in the preceding section, it shall be 
the duty of the superintendent of schools in each county to 
file with the county treasurer a certificate of the number 
of copies so transmitted to the clerks of his county, and 
thereupon it shall be the duty of the county treasurer to 
pay to the order of said publisher, out of the proceeds of 



SCHOOL LAWS OF MINNESOTA. 47 

the two mill tax fund belonging to said district, the amount 
due as ascertained by the aforesaid certificate of the su- 
perintendent of schools, and not exceeding one dollar and 
fifty cents for each yearly subscription therefor. 

Sec. 3. The Minnesota Teacher and Jownal of Edu- 
cation shall publish free of charge such orders, decisions, 
circulars, all amendments to the school laws, and other offi- 
cial communications relating to education, j^s the Superin- 
tendent of Public Instruction may direct. 

Sec. 4. It shall be the duty of the Superintendent of 
Public Instruction to examine and approve each issue of 
said Journal before it is issued, and to require from the 
publisher of the leacher a good and sufficient bond that he 
will publish and distribute the same according to the terms 
and conditions of the subscription and payment therefor. 

Sec. 5. This act shall take effect and be in force from 
and after its approval. 

Approved March 2, 1868. 



An Act to authorize the Sujperintendent of Public Instruc- 
tion to give Certificates of Qualifications to Teachers. 

Section 1. The State Superintendent of Public lustruc- „ . , ^ , 

,. ., 1 1 • -I -t • ^ j_ 1- ^ Superintendent 

tion is hereby authorized to grant and issue state certiti- ^ grant certifi- 
cates of eminent qualifications as teachers, to such persons cates of quaim- 
as may be found worthy to receive the same upon due °^"o°\*° ^^^''^- 

V V 1. Gr8*~"WilGn CGI"' 

examination by himself, and who shall exhibit satisfactory tifleates may be 
evidence of practical experience and success in teaching ; cancelled. 
said state certificates shall supercede the necessity of any 
and all other examinations, and shall be valid in any 
county and school district in the state for the period of 
seven years ; but a state certificate may be cancelled by 
the State Superintendent, upon proof of immoral or unpro- 
fessional conduct. 

Sec. 2. This act shall take efi"ect and be in force from when act to 
and after its passage. take effect. 

Approved March 5, 1868. 



48 



SCHOOL LAWS OF MINNESOTA. 



A71 Act in relation to the Duties of the Clerks of School 

Districts. 

Section 1 . It is hereby made the duty of the clerk of 
^, . , ^ each school district in this state to transmit by mail or oth- 
echooi districts crwisc to the Superintendent of common schools of the 
required to trana county in "^hich the school housc of his district is situated, 
mil attested ^j^ attcstcd copy of his record of the proceedings of the 
ceediDgs of an- aunual school mcctiug ol his district within ten days after 
nuai:meeting. the time Said meeting was held, the said clerk shall also 

include in the report the post office address of the trustees 

of his district. 

Sec. 2. This act shall take effect be in force from and 
VThenactto ^ftcr its passaorc. 
take effect. Appiwcd March 5, 1868. 



An Act to regulate admission into the Common Schools of 
the State, and to repeal section seventy-two, chapter 
. thirty -six (36) of the General Statutes. 

Section 1. Admission to any school organized under 

Admission to the general school law of the state, or any special school 

school gratui- |^^^^ sustaincd in whole or in part by state school funds, 

of all actual res shall bc gratuitous to the children of all actual residents 

idents. lu the district wherein such school is taught between the 

ages of five and twenty-one years, and to all other persons 

between the same ages who may be in good faith living 

in said district, and have not come into the same for the 

purpose of attending such school. 

Sec. 2. Section seventy-two of chapter thirty-six of 
the general statutes, is hereby repealed. 

Sec. 3. This act shall be in force from and after its 
passage. 

Approved March 6, 1868. 



Repeal of for- 
mer section. 



An Act to secure uniformity in the Text-Boohs to be used 
in the Common Schools of this State. 

Section. 1. The Superintendent of Public Instruction, 
the Principal of the University of Minnesota, and the Sec- 
retary of State, shall constitute a board of commissioners, 



SCHOOL LAWS OF MINNESOTA. . 49 

whose duty it shall be to select the text-books to be used 
in the common schools of this state. 

Sec. 2. Whenever any text-books shall be selected by 
said board of commissioners, it shall be authoritative and 
bindinac upon all public school officers and teachers for the 
period of five years.- Provided ^ That said period shall 
not begin to run till after three months from the selection 
and adoption of such books. 

Sec. 3. It shall be the duty of said board, whenever 
an exchange of any any text books shall be made under 
the provisions of this act, to make a written contract with 
the publishers of the same, Ihat said publishers shall re- 
ceive all the books in the hands of the families and schol- 
ars in the state in exchange for the new books of the same 
class adopted by said board. Provided^ That it shall be 
lawful for said board, whenever such exchange of books 
cannot be effected, to make a contract with the publishers 
of any book adopted ; that they shall receive all the books 
in the hands of the families and scholars in the state of the 
same class as the one adopted, allowing therefor the true 
value of the same, according as the same has or has not 
been used, the said value to be determined under proper 
regulations, to be adopted by the board and made a part 
of such contract with said publishers. 

Sec. 4. Said board of commissioners shall hold their 
session at St. Paul, in the office of the Superintendent of 
Public Instruction. The members of said board shall re- 
ceive no compensation for their services, except that the 
traveling expenses of the Principal of the University of 
Minnesota to and from St. Paul and St. Anthony shall be 
paid out of the state treasury. 

Sec. 5. It shall be the duty of the Superintendent of 
Public Instruction to insert in the blank school registers 
the books which shall be made authoritative and binding 
upon school officers and teachers, agreeably to the provi- 
sions of this act. 

Sec. 6. This act shall take effect and be in force from 
and aiter its passage. 

Approved March 5, 1868. 



.50 SCHOOL LAWS OF MINNESOTA. 

An Act relating to the apportionment of school money by 
county auditors. 

Section 1. It shall be the duty of each county auditor 
in the state, on the last Wednesday of March, or on the 
last Wednesday of October of each j^eai , to make a report 
to the Superintendent of Public Instruction, showing the 
whole amount of money hy him apportioned on that day 
among the several school districts in his county ; the sources 
from which said money was received into the county 
treasury ; the aggregate number of scholars in the county, 
and the number of districts receiving a portion of said 
school money. 

Sec. 2. This act shall take eifect and be in force from' 
and after its passage. 

Approved March 6, 1868. 



An Act to provide for Teachers^ Institutes. 

Section 1. The Superintendent of Public Instruction 
shall annually hold in as many counties as shall be found 
practicable, a Teachers' Institute, to continue in session 
one week at least ; give due notice thereof to all teachers 
and persons proposing to become such, and invite their 
attendance. He shall attend and have charge of each 
institute ; invite the aid and co-operation of the superin- 
tendent of schools for the county ; emplo}^ suitable instruc- 
tors and lecturers to give instruction and addresses with 
the view to aid the teachers for qualifying themselves for 
a more successful discharo-e of their duties in the common 
schools of the state. 

Sec. 2. To defray the expenses of the institutes, two 
thousand dollars are hereby annually appropriated to be 
expended by the superintendent, who shall render an ac- 
count thereof to the State Auditor, to be examined and 
audited by him. Provided, That no more than one hun- 
dred dollars shall be expended in the support of any one 
institute. 

Sec. 3. A second institute shall not be held in any 
county under the provisions of this act, till a session has 
been held in every county of the state where the number 
of teachers or the interests of the common schools in the 
judgment of the Superintendent shall demand it. 



SCHOOL LAWS OF MINNESOTA. ' 51 

Sec. 4. This act shall take effect aud be in force from 
■and after its passage. 

Approved March 6, 1868. 



An Act for an act to regulate the apportionment of the cur- 
rent school funds of the State and their payment by the 
State Treasurer, 

Section 1. It shall be the duty of the State Siiperiu- 
tendent of Public Instruction, when he shall make a semi- 
annual apportionment of the current school funds of the 
state as regard to law, forthwith to transmit to the State 
Auditor a certified copy of such apportionment. 

Sec. 2. It shall be the duty of the State Auditor, when 
he shall receive a certified copy of any semi-annual appor- 
tionment, as provided in section one (1) of this act, forth- 
with to draw a warrant on the State Treasurer payable to 
the order of the teasurer of each county named in the said 
copy of the State Department, and for the amount due 
such county, aud transmit the same to the county treas- 
urer. 

Sec. 3. There is hereby annually appropriated out of 
the moneys in the state treasury, belonging to the general 
school fund, a sum of money equal the amount of tlie cur- 
rent school funds due the common schools of the state, 
and agreeably to law apportioned among the several coun- 
ties by the State Superintendent of Public Instruction. 

Sec. 4. This act shall take effect from and after its 
approval. 

Approved March 5, 1869. 



An Act relating to the appointment of County Superinten- 
dent of Schools. ' 

Be it enacted by the Legislature of the State of Minnesota : 

Section 1. The county commissioners of each and 
every county in the state in which no superintendent of 
schools has already been appointed, agreeably to title two 
(2) chapter thirty-six (36), of the general statutes, shall 
either at the next general or special session of the board 



52 SCHOOL LAWS OF MINNESOTA. 

after the passage of this act, appoint a fitting person of 
high moral character and literary attainments, county su- 
perintendent of schools, who shall forthwith enter upon 
the duties of his office, and hold the same until the first 
Tuesday of April, a. d. 1870. 

Sec. 2. The county commissioners of each and every 
county of the state in which a county superintendent of 
schools has already been appointed, agreeably to title two 
(2) chapter thirty-six (36) of the general statutes, shall at 
the September session of the board after the passage of 
this act, appoint a fitting person, of high moral character 
and literary attainments, county superintendent of schools 
who shall enter upon the duties of his ofiice on the first 
day of January next after his appointment and hold the 
same till the first Tuesday of April, a. d. 1870. 

Sec. 3. The county commissioners of each and every 
county of the state shall at the January session of the 
board next after the passage of this act, and biennially 
thereafter, appoint a fitting person of high moral character 
and literary attainments, county superintendent of schools,, 
who shall enter upon the discharge of his duties upon the 
firtst Tuesday of April next alter his appointment, and 
hold his ofiice for two years, and until his successor is 
appointed and qualified. 

Sec. 4. The county auditor of each county shall trans- 
mit to the State Superintendent of Public Instruction the 
name and post office address of the superintendent of the 
county, as soon as such officer has been qualified. 

Sec. 5. She county superintendent of schools may be 
removed from office by the board of county commissioners 
upon satisfactory evidence of incompetency or willful 
neglect of duty. Provided, That no removal shall be 
valid unless the person so removed has had at least twenty 
days' notice of the charges brought against him and op- 
portunity to be heard in his own defence. And provided 
further. That the superintendent and the person or persons 
preferring the charges, or either of them, shall have the 
right of appeal to the Superintendent of Public Instruction 
at any time for fifteen days after the decision of the coun- 
ty commissioners. 

Sec. 6. A vacancy occurring in the office of county 
superintendent of schools by death, resignation or other- 
wise, shall be filled by the county commissioners at the 
next special or general session of the board of commis- 
sioners after such vacancy happens, and such appointee 



SCHOOL LAWS OF MINNESOTA. 53 

shall hold his office tor the balance of the unexpired term. 

Sec. 7. The county superintendent of schools shall 
perform all the duties and have all the powers enumerated 
in sections forty-nine (49), fifty (50), iifty-one (51) and 
fifty-two (52) of chapter thirty-six (3«o) of general stat- 
utes. 

Sec. 8. The salary of the county superintendent of 
schools shall be paid by the board of county commission- 
ers, and paid in the same manner as the salary of other 
county officers are paid. 

Sec. 9. Sections twenty-eight (28), twenty-nine (29), 
thirty (30), thirty-one (31) and thirty -two (32), of chap- 
ter thirty-six of the general statutes relating to school dis- 
trict examiners are hereby repealed. 

Sec. 10. Sections forty -five (15), forty-six (43), for- 
ty-seven (47) and forty-eight (48) of chapter thirty-six 
(36) of the general statutes are hereby repealed. JPro- 
vided, That such repeal shall not afiect appointments al- 
ready made agreeably to their provisions. 

Sec. 11. This act shall take efiect and be in force 
from and after its passage. 

Approved March 5, 1869.. 



An Act to amend section twelve (12) oj chapter nineteen 
(19) of the General Statutes relating to estray money. 

Be it enacted by the Legislature oj the State of Minnesota : 

Section 1. Section' twelve (12), chapter nineteen 
(19), of the general statutes, is hereby amended so as to 
read as follows : 

Sec. 12. The county treasurer shall, after deducting 
two per cent, for his fees, pay such surplus money, if 
claimed within one year after such date, to the owner of 
such estray, if not claimed within that time by the school 
fund of the county in which the estray was kept. 

Sec. 2. This act shall be in force from and after its 
passage. 

Approved March 3, 1869. 



54 



SCHOOL LAWS OF MINNESOTA. 



FORMS FOR USE OF SCHOOL OFFICERS. 



No. 1. 

Form of petition for the organization of a School District. 

Form of petition To the County Commissioners of the County of ; 

for '.he organi- The undersigned, a majority of the legal voters of the territory to be 
zation of « affected therebj^, do hereby petition yoiir honorable body to organize a 
School District, new school district to be comprised of the following described terri- 
tory, to wit : \_Here describe the territory.^ 

{To he signed by a majority of the legal voters affected thereby.) 

Dated at this day of , 18 . . 

See Sec. 5, page 20. 



No. 2. 



Form of petition 
for the altw^tlon 
of aSchoolIMS- 
trict. 



Form of petition for the alteration of a School District. 
To ihe County Commissioners of County : 

The undersigned, a majority of the legal voters of the territory to be 
affected thereby, do hereby petition your honorable body to alter the 
boundaries of School District No..., as follows, to wit: [Here des- 
cribe the alteration desired.'\ 

{To be signed by a majority of the legal voters affected thereby) 

Dated at this day of 18 . . 

Note. — When the districts to be organized or changed comprise 
territory in two or more counties, the petitions must be presented to 
the commissioners of each county in which any part of such territory 
is situated. 

See Sec. 5, page 20. 



No. 3. 



Voters aggrieved may apply for rehearing. 
To the County Commissioners of- ........ County : 

Voters aggriev- '^^^ undersigned, legal voters of the territory affected thereby, feel- 
edmayapwiy for ^°« aggrieved at the action of your honorable body in the organization- 
rehearing (*^^ alteration) or change of the district (or district No. . .,) embracing; 

''■ the following territory, to wit : {Here describe territory) hereby make- 

application for a rehearing at your next session. 

{To be signed by at least five voters.) 

Dated at this day of , 18 . . 

See Sec. 5, page 20. 



Form of notice 



SCHOOL LAWS OP MINNESOTA. 55 

No. 4. 

!Form of notice for the urst meeting of a Scliool District, to be posted 
in five pieces in tlie District, ten days before said meeting. 

The nndersigned, resident freeholders of School District No. ..em- f*"" ^"* '^*®*^" 
bracing the foflowing territory, to wit : [Here describe hounds of dis- ^f °^ * School 
trict,'] do hereby give notice that there will be a meeting of the legal District, 
voters of said district, for the purpose of organization and the election 

of officers, at , in said district, on the day of 

186.., at.. o'clock in the 

[To be signed by three resident freeholders or householders.'] 

Dated at this day of , 18 . . 

See Sec. 7, page 22. 



No. 5. 

Form of order organizing a new School District, to be recorded in the p^^^ ^f ^^.^^j. 

office of County Auditor, and a copy directed to the District Clerk. 

It is hereby ordered and determined that [here describe the territory 
to be comprised in the districts, by sections and parts of sections,'] shall 
hereafter constitute a school district, to be known as School District 
No. . . , of the town of 

By order of the Board of County Commissioners : 

A. B., County Auditor. 

Dated at ,a. d.18.. 

See Sec. 4, page 20. 



organizing a 
new School Dis- 
trict. 



No. 6. 

Eorm of order altering the boundaries of a School District, to be re- 
corded in office of County Auditor, and filed in the office of the Clerks 
of Districts aifected thereby. Form of order 

It is hereby ordered and determined that the [Jiere describe the terri- altering the 

tory by sections and parts of sections] now a part of School District No. boundaries of a 

, of the town of , be, and hereby is taken from said School School District. 

District, and attached to and made a part of School District No. . ., of 

said town, for all purposes whatsoever. 

This order will take effect on the day of , 18 . . . 

By order of the County Commissioners of County : 

A. B., County Auditor. 
See Sec. 4, page 20. 



No 7. 

Notice of election to office of School 

rSee section 8, chapter 36, General Statutes.] „ . 

iTq , ^ , , , Notice of elec» 

You are hereby notified that at a meeting of school district No ... in ^'^°^ *° °^*'®' 

the county of , held on the day of , 18 .... , 

you were duly elected school of said district. 

Dated this .... day of ,18 

Clerk of said election. 



^6 •► SCHOOL LAWS OF MLNT^ESOTA. 

If you accept the office to which, you are elected, as mentioned 
above, please fill the blank below and send it to the office of the Dis- 
trict Clerk within ten days after this date. See sec. 8. 



Ko. 8. 

Notice of acceptance. 
Sec. 8, chapter So, General Statutes. 

^ ,. . To 

Notice of accep. ^.^^^^ ^^ School District No , town of , county of 

^^'^^- , and State of Minnesota. 

Sir : I hereby signify my acceptance of the office of , in 

School District No . . •'• , county of , to which your notice 

o: election, dated , 18 , informs me that I have been 

elected. 

Dated this day of , a. d. 18 

Signed 



No. 9. 



Form of refusal to accept district office, to be filed with the clerk of 

the district. 

Form of refosal j,^ .^^ ^^^^^ ^j. gchool District No...., in the town of : 

to aeeept dis- y^^ ^^^ hereby notirx.d of my refusal to accept the office of , 

trict office. ^Q which I was elected at the meeting of said district held on the 

day of , 18 . . . . 

Dated this day of , 18 

[Signed] G. H. 

Note.— This notice of refusal must be filed within ten days after the 
election, or the person will be deemed to have accepted the office, and 
be liable to fine for non-performance of duty. 
See section 8. 



No. 10. 

Form of Deed of a school house site. 
Know all men by these presents, that A. B. \_and C. B., his wife, if 
maiTied,} of the town of , in the county of , in 

the State of Minnesota, party of the firt part, for and in consideration 

Form of Deed of of the sum of dollars, to them in hand paid by the district 

a school house board of School District No . . . . , of the town of , county 

eite. of , and state aforesaid, the receipt whereof is hereby ac- 

knowledged, do hereby grant, bargain, sell and convey to the said 
school district, party of second part, and their assigns, the follow- 
ing described piece or parcel of land, namely : 

[Here insert description of land.'\ 
Together with all the privileges and appurtenances thereunto be- 
longing; to have and to hold the same, to the said party of the second 
part, and their assigns forever; and the said party of the first part, for 
themselves, their heirs, executors and administrators, do covenant, 
bargain and agree to and with the said party of the second part, and 
their assigns, that at the time of the ensealing and delivery of these 
presents they are well seized of the premises above conveyed as of 



SCHOOL LAWS OF MINNESOTA. 57 

good, sure, perfect, absolute and indefeasible estate of inheritance in 
the law in fee simple, and that the said lands and premises are free 
from all incumbrances whatsoever, and that the above bargained 
premises, in the quiet and peaceable possession of the said party of 
the second part, and their assigns, against all and every person or per- 
sons lawfully claiming, or to claim, the whole or any part thereof, the 
said party of the first part will forever warrant and defend. 
■ In witness whereof, the said A. B. and C. B., his wlfCj party of the 
first part, have hereunto set their hands and seals this day of 

, A. D. 18 

A. B. [seal.] 
C. B. [seal.] 
Signed, sealed and delivered ) 

in presence of E F. > 

G. H. ) 
Note. — Such deed should be duly acknowledged before a notary pub- 
lic, justice of the peace, or other officer authorized by law to take such 
acknowledgment, and recorded in the office of the register of deeds for 
the county. 
See sec. 10. 



No. 11. 

Teachers' Contract. 
[Five cent revenue Stamp.] 

It is hereby contracted and agreed by and between School District Teachers' Con- 
No , County of and State of Minnesota, tract. 

and a legally qualified teacher, of the town of 

that the said , shall teach the school in said District for 

the term of months for the sum of Dollars per 

month, commencing on the day of , 18 . . . i 

And the said , agrees faithfully to te>ach the said school 

according to the best of h ability, and to keep a register of the 

daily attendance of each pupil belonging to the school, and make such 
report of the school as is or may be required by law, or by the County 
Superintendent, or by the State Superintendent of Public Instruction, 
and to observe and enforce all rules and regulations established by 
proper authority, for the government and management of said school. 
And it is further agreed by and between the parties hereto that the 

said , shall use h best endeavors to preserve in good 

condition the school house and premises connected with it ; also the 
apparatus and furniture thereto belonging, and also all books and 
records provided by the School Board for the use of said school, and 
to deliver the same to the Clerk of said District, at the close of the said 
term of school, in as good condition as when received, natural wear 
and tear excepted. 

And the said School District hereby agrees to keep the school house 
and premises connected with it in good repair, to provide necessary 
fuel for the use of said school during the said term, and for the services 
performed as above described, the said district agrees to pay the said 

, the sum of Dollars, on or before the 

day of 18 ... . 

In witness whereof, we have hereunto subscribed our hands this 
day of 18 ... . 

District Clerk. 

Teacher. 

I hereby consent to the above contract. 

Director. 

Treasurer. 

(Signed in duplicate.) 
8 



58 



SCHOOL LAWS OF MINNESOTA. 
No. 12. 



District Treasurer's Bond. 

[Stamp. J 

Know all men by these presents, that vre Treasurer of 

School District No , in the. of and State of 

, and , his suret are held and firmly bound 

unto said School District, in the sum of dollars, to be paid 

to the said School District, for the payment of which, well and truly 
to be made, we bind ourselves, our heirs, executors, and administra- 
tors, jointly and severally, firmly by these presents. Sealed with our 

seals, and dated this day of a. d. 18 . . 

The condition of the above obligation is such, that if the said 

, Treasurer as aforesaid, shall faithfully discharge the duties of 

Ms office as treasurer of said School District, and shall well and truly 
pay over to the person or persons entitled theretO; upon the proper 
order therefor, all sums of money which shall come into his hands as 
Treasurer of said District, and shall, at the expiration of his term of 
office, pay over to his successor in office, all moneys remaining in his 
hands as Tresurer aforesaid, and shall deliver to his successor all 
books and papers appertaining to his said office, then this obligation 
shall be void, otherwise of full force and virtue. 

= [seal.] 

[seal.] 

[seal.] 

Signed, sealed, and delivered in presence of ^ 

"We approve of the above bond and surety. 

Directoi'. 

Clerk. 



No. 13. 



Notice of Appointment. 
Sec. 15. 



To 

The office of of School District No , 

County of and State of Minnesota, having become vacant,. 

you are hereby appointed to fill such vacancy until the next annual 
meeting of said School district. 
Dated this day of , a. d. 18 . . . . 

Signed, 



g@= If you accept the above- appointment, please fill the blank 
"Notice of Acceptance," and send it to the office of the District Clerk 
within ten days from this date. See Sec. 8. 



SCHOOL LAWS OF MINNESOTA. 59 

No. 14. 



,18. 



To Form of order 

Treasurer of School District No on District 

County of. .- Treasurer. 

Pay or Order, the sum of 

Dollars, for 

out of any money in your hands for that purpose. 
Signed, 

District Clerk. 

Attest : 
No Director. 



No. 15. 

Notice of Annual School Meeting. 

Notice is hereby given to the qualified electors of school district No. „ . 

county of State of Minnesota, , that the ^°*'°'' °^ ^' 

annual meeting of said district, for the election of school district °^^^ School 
officers, and for the transaction of other business will be held at ^^^^^s- 

, on the last S aturday, being the day of 

A, D. 18 , at o'clock in the noon. 

Dated this day of , 18 . . . . 

[Signed.] 

District Clerk. 



No. 16. 



Form of Eequest for Clerk to call a Special District Meeting. 

To A. B., Clerk of School District No of town of : 

Sir: 

You are hereby requested to call a Special Meeting of the p. 

above District on the day of , at .... o'clock in ^°"^ f"^ ^^- 

the noon, for the purpose of, [here state the business to be trans- ^ ,, r, 

acted.'] ^ Special 

Dated this day of , 18. . . ^"'^""^ Meeting. 

[Signed.] 

Note.— The above notice must be signed by five legal voters. 
See Sec. 18, page 24, , 



60 SCHOOL LAWS OF MINNESOTA. 

No. 17. 

Notice of special School Meeting. 

[See section 18, chapter 36, General Statutes.] 

Notice is hereby given to the qualified electors of School District 

Jf otice of Spe- jf q ^ county of , and State of Minnesota, 

cial School that a special meeting of said district will be held at on 

Meeting. the "day of , a. b. 18 , at 

o'clock in the noon, for the following objects, yiz : 

IHere state the objects of the meeting.'] 

Dated this day of , 18 

District Clerk. 



No. 18. 

Certificate of District Clerk. 

Sec. 25, Chap. 36, General Statutes. 

To 

County Auditor of County, 

And State of Minnesota. 

Sir : I hereby certify that has been duly 

School Treasurer of School District No in the County of. 



^- . fpi° V ^^^ t.hat that he has filed in my oflBce his official bond as such Treasu- 
Distnct Clerk. ^^^ ^^^ ^^^^ ^-^^ Same has been approved by the undersigned in accord- 
ance with law. 

Dated this day of , a. d. 18.... 

District Clerk. 

Coutersigned by 

DirectoT- 



No. 19. 

Form of Oath of Office of County Superintendent, to be filed with 
County Auditor. 

I, A. B., do swear, (or affirm) that I will support the Constitution 
Form of Oath of of the United States, and of the State of Minnesota, and that I will 
County Super- faithfully discharge the duties of the office of Superintendent of com- 

intendent, Di'^ii Schools of the County of , to the best of my judgment 

and ability. 

Signed, A. B. 

Sworn (or affirmed) and subscribed before me, a in and 

for the county of this dav of 18 

CD. 



SCHOOL LAWS OP MINNESOTA. 61 

No. 20. 



STATE OF MINNESOTA. 



TEACHER'S CERTIFICATE 



FIRST GRADE, 



I certify that I have examined the bearer, M , in Ortho- 
graphy, Reading, Writing, Grammar, Arithmetic, Geography and His- Teacher's Cei . i 

tory, and find h qualified to teach in the public schools of this yQ(,^jg_j,jj.gji ' 

county. Satisfactory evidence of good moral character has been fur- ^ , ' 

nished. This license will be in force for two years unless sooner re- ^^ ' 
yoked. The scholarship of the holder of this certificate is indicated 
by the marking on the margin. 

Witness my hand this day of , a. d. 18 ... . 

County Superintendent of Schools. 
Superintendent of Public Instruction. 



No. 21. 

STATE OP MINNESOTA. I 

TEACHER'S CERTIFICATE. ■ 

SECOND GRADE. 

I certify, that I have examined the bearer, M , in Ortho- 
graphy, Reading, Writing, , Grammar, Arithmetic, Geography and xeacher'e Cer- £ 

History, and find h qualified to teach in the public schools of this ygeate— ge & 

county. Satisfactory evidence of good moral character has been fur- ^ , ^°^ 

nished. This license will be in force for one year unless sooner '^^ ^' 
revoked. The scholarship of the holder of this certificate is indicated h 

by the marking on the margin. y 

i 

Witness my hand, this day of , a. d. 18 ^ 

County Superintendent of Schools. *^ 

Superintendent of Public Instruction. 



62 



SCHOOL LAWS OF MINNESOTA. 
No. 22. 



STATE OF MINNESOTA. 

TEACHER'S CERTIFICATE. 

THIRD GRADE. 

I certiy, that I have examined the bearer, M in Ortho- 
Teacher's Cer- graphy, Reading, Writing, Grammar, Arithmetic, Geography and 

tifieate— Ttird History, and find h quatified to teach in the Public Schools of this 

Grade. County. Satisfactory evidence of good moral character has been fur- 

nished. This license will be in force for six months unless sooner 
revoked. The scholarship of the holder of this certificate is indicated 
by the marking on the margin. 

Witness my hand, this day of a. d. 18 

Superintendent of Schools, 
For County. 

Superintendent of Public Instruction. 



No. 23. 

Form of Notice to a Teacher to appear for re-examination. 

To A. jB., Teacher in School District No of the town of ; 

Form of Notice ^ 

to|a Teacher to you are hereby cited to appear at my office in on the 

appear for re- ^^^ ^^ 18 .... for the purpose of a re-examination as 

esammation. ^^ ^^^^^j. qualifications as a teacher, in disregard whereof your certifi- 
cate will be forthwith annulled. 

C. D., County Sup't of Schools. 
Dated a. d., 18.. 



No. 24. 



Forms of annullment of a Teacher's Certificate and Notice to District 

Clerk. 

To A. B.: 

Sir: 

The certificate of qualifications held by you as a Common 

Form of annuU- g^iiool Teacher in the District [or county'] of , issued on or about 

ment. ^-^q (Jay of A. D. 18 . . , is hereby annulled. 

C. D., Countij Sup't of Schools. 



SCHOOL LAWS OF MINNESOTA. 63 

No. 24. 

To the Clerk of District No toion of 

Sir : You are lierebj' notified that on the clay of » 

A. D. 18 .... , I annulled the certificate of qualifications held by A. B., a Form of annuU- 
teacher in your district, for the reason that in my opinion the said A. ment. 

B. does not possess the requisite qualifications as a teacher in respect 
to [;moral character, lea'rning, or ability to teach, as the case may be.] 

Dated this day of , a. d. 18 

CD., County 8upH of Schools, 

Note. — On receipt of the above by the district clerk, the teacher 
whose certificate is so annulled is no longer competent to teach, and 
from the date thereof his wages shall cease. 



No. 25. 

Form of notice by County Superintendents to District Clerks of 
the time and place of holding public examinations of teachers in 
their respective commissioner districts. 

To the School District Clerks of the Commissioner District : Form of notice 

You are hereby notified that I shall conduct a public examination of for holding pub- 

the teachers of the commissioner district, comprising the towns uc examinationB 

of \_here insert the names of the towns embraced in the district,'] at the of teachers. 

house of , in the town of , in said district, on 

the day of ..., a. d. 18 , between the 

hours of and o'clock of said day. 

[Signed] A. B., Sujft of Common Schools. 

Note.— The above notice must be served upon each of the district 
clerks iu said commissioner district at least thirty days prior to the 
date of the examination thus to be held. 



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